J.N. v. Superior Court CA6

Filed 7/7/21 J.N. v. Superior Court CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Juvenile court, rule 8.1115(a), prohibits juvenile courts and parties from citing or relying on opinions not certified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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

J.N., H048961 (Santa Cruz County Super. Ct. Petitioner, No. 18JU00149)

v.

THE SUPERIOR COURT OF SANTA CRUZ COUNTY,

Respondent; __________________________________ SANTA CRUZ COUNTY HUMAN SERVICES DEPARTMENT,

Real Party in Interest. THE COURT1 J.N. is the father (Father) of 13-year-old B.N. He petitions this court in propria persona for an extraordinary writ seeking to have the July 13, 2021 selection and implementation hearing pursuant to Welfare and Institutions Code section 366.262 vacated and the Santa Cruz County Human Services Department (“Department”) provide him reunification services. Father’s petition is procedurally deficient, and he fails to state adequate grounds for relief.3 We deny the petition.

1 Before Greenwood, P.J., Grover, J. and Danner, J. 2 All further statutory references are to the Welfare and Institutions Code. 3 On July 1, 2021, the Department filed a letter requesting that we dismiss the petition because it does not comply with the California Rules of Court. We deny the request.

I. PROCEDURAL BACKGROUND4 In 2013, the juvenile court took jurisdiction of then five-year-old B.N. and her infant twin brothers, E.M. and A.M., because Father and H.C., the children’s mother (Mother) were abusing substances and engaging in domestic violence. Father and Mother received reunification services for the children. Father’s services for all three children were terminated in 2014 because he failed to make progress with his plan. B.N. was returned to Mother’s care and she was given family maintenance services. In 2015, the juvenile court dismissed the dependency case for B.N., and granted Mother sole legal and physical custody of the child, with supervised visitation for Father. The parents failed to reunify with the twins, and their parental rights to the children were terminated in 2015. In 2018, the juvenile court again took jurisdiction of B.N. because of substance abuse and domestic violence between Mother and her boyfriend. B.N. remained in the home, and Mother received family maintenance services. In April 2020, the Department filed a supplemental petition pursuant to section 387 seeking to remove B.N. from Mother’ care. At the time, Father was in custody and was not involved in B.N.’s life. The basis for the request was that B.N. was at substantial risk of suffering physical harm based on Mother’s untreated mental health issues, substance abuse and domestic violence between Mother and her boyfriend. The petition also alleged that Father had been arrested and continued to be involved in criminal activities that rendered him unable to protect B.N. from Mother’s behavior. At the April 21, 2020 detention hearing, the juvenile court did not remove B.N. based on Mother agreeing to a comprehensive safety plan. In August 2020, the Department filed another supplemental petition pursuant to section 387 seeking to have B.N. removed and placed in foster care based on Mother and