Johnny R. v. Superior Court CA5

Filed 5/21/21 Johnny 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JOHNNY R., F082329 Petitioner, (Super. Ct. No. JD140246-00) v.

THE SUPERIOR COURT OF KERN COUNTY, OPINION Respondent;

KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Susan M. Gill, Judge. Johnny R., in pro. per., for Petitioner. No appearance for Respondent. Margo A. Raison, County Counsel, and Judith M. Denny, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Peña, Acting P.J., Snauffer, J. and DeSantos, J.

Petitioner Johnny R. (father) is the biological father of now 19-month-old L.B., who was removed from the custody of her mother, K.B. (mother) because of mother’s drug use. At an uncontested dispositional hearing in January 2021, the juvenile court denied the parents reunification services and set a Welfare and Institutions Code section 366.261 hearing for May 28, 2021. Father seeks an extraordinary writ under California Rules of Court, rule 8.4502 from the setting order, requesting a stay in the proceedings, reunification services and an order placing L.B. in his custody. He makes a variety of claims in his petition, which he filed in propria persona, none of which constitute legal error. Consequently, we deny the petition and the request for a stay. Mother did not file a writ petition. PROCEDURAL AND FACTUAL BACKGROUND Newborn L.B. (the baby) was taken into protective custody by the Kern County Human Services Agency (agency) in October 2019, after mother gave birth to her at home so that the agency would not remove her. Mother tied off the baby’s umbilical cord with a binder clip and delayed 24 hours before taking her to the hospital. Both mother and the baby tested positive for amphetamine. Mother denied using methamphetamine in the prior two months. Father and mother have four children in common; Joshua, Jonathan, Johnny and the baby. Mother also has a long history of methamphetamine use and child neglect. In May 2017, the juvenile court adjudged Joshua and his half-sister, A.S., dependent children and ordered mother to complete reunification services, including substance abuse counseling. Reunification services were not offered to father under section 361.5, subdivision (b)(16) because he is a registered sex offender. In November 2017, mother’s reunification services were terminated and in April 2018, parental rights were terminated.