Thomas G. v. Superior Court CA5

Filed 6/25/21 Thomas G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THOMAS G., F082704 Petitioner, (Super. Ct. No. 20JD0007) v.

THE SUPERIOR COURT OF KINGS OPINION COUNTY,

Respondent;

KINGS COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Jennifer Lee Giuliani, Judge. Thomas G., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Franson, Acting P.J., Peña, J. and Smith, J.

Petitioner Thomas G. (father) is the biological father of now nine-year-old Sophia G., who was removed from the custody of her mother Jessica H. (mother) in February 2020. Father was in state prison, serving a 15-year sentence, and was denied reunification services. Mother was provided services until the 12-month review hearing in April 2021 when the juvenile court terminated services and set a Welfare and Institutions Code section 366.26 hearing1 for August 3, 2021. In November 2020, father filed a petition for writ of habeas corpus alleging the trial court imposed an unlawful sentence (In re Gray (June 10, 2021, F081972) [nonpub. order]) which was denied. He also filed an extraordinary writ petition (Cal. Rules of Court, rules 8.450–8.452)2 in propria persona seeking an order vacating the section 366.26 hearing in the hope that he will be released from custody and able to parent Sophia. He contends the sentencing error made him unavailable to participate in reunification services, unjustly depriving him the opportunity to parent his child and threatening his parental rights. We conclude father’s extraordinary writ petition fails to comport with the procedural requirements of rule 8.452 and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY In February 2020, then seven-year-old Sophia was removed along with her four-year-old sister, A.H., by the Kings County Human Services Agency (agency) from mother’s custody because mother and Sophia’s 13-year-old half sister, Alexandria, were engaging in physical altercations. In addition, mother was using methamphetamine. Father was incarcerated in Corcoran State Prison, serving a 15-year sentence for first degree burglary. He was then eligible for parole in March 2026. The agency placed