Julian R. v. Superior Court CA5

Filed 10/7/20 Julian R. v. Superior Court CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

JULIAN R., SR., F081393 Petitioner, (Super. Ct. No. JJV059910J) v.

THE SUPERIOR COURT OF TULARE OPINION COUNTY,

Respondent;

TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Robin L. Wolfe, Judge. Julian R., Sr., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Poochigian, Acting P.J., Detjen, J. and Smith, J.

Petitioner Julian R., Sr., (father), in propria persona, seeks an extraordinary writ from the juvenile court’s order setting a Welfare and Institutions Code section 366.26 hearing1 for October 15, 2020, as to his now nine-month-old son, Julian R., Jr., (Julian). Julian’s mother, Valerie P., did not file a writ petition. Father requests a stay of the hearing until he is released from prison and can take custody of Julian. He does not, however, contend the court erred in setting the section 366.26 hearing. We conclude father’s writ petition is inadequate for appellate review under California Rules of Court, rule 8.4522 because he does not assert juvenile court error. We further conclude father failed to establish good cause to stay the section 366.26 hearing and deny his request. PROCEDURAL AND FACTUAL SUMMARY Newborn Julian was removed from Valerie’s custody in December 2019 by the Tulare County Health and Human Services Agency (agency) because Valerie tested positive for amphetamine and failed to seek consistent prenatal care. At age 33, Valerie had given birth to 11 children, including Julian, and had an extensive history with child protective services. Eight of Julian’s half siblings, ranging in age from 17 years to four years at the time of his birth, were removed from mother’s custody because of her substance abuse. Her parental rights to the oldest four were terminated and the younger four were ordered into a long-term plan of legal guardianship. Valerie is a registered member of the Tule River Tribe of Yokuts Indians. The Tule River Tribe supported her while her children were in the foster care system and encouraged her to treat her substance abuse problem. She identified her husband, father, as Julian’s biological father. Father was incarcerated approximately two weeks before Julian was born and was housed at North Kern State Prison. He was eligible for parole in March 2021.