B.Y. v. Superior Court CA5

Filed 7/29/21 B.Y. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

B.Y., F082835 Petitioner, (Super. Ct. No. JD140684-00, v. JD140685-00)

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. B.Y., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Hill, P.J., Franson, J. and Peña, J.

B.Y. (father) seeks an extraordinary writ from the juvenile court’s orders issued at the combined six and 12-month review hearings (Welf. & Inst. Code, § 366.21, subds. (e) & (f))1 terminating reunification services and setting a section 366.26 hearing on September 9, 2021, as to his two sons, now ages 13 and 10 years old. Father contends the juvenile court erred in finding that he had not made adequate efforts to avail himself of the reunification services provided by the Kern County Department of Social Services (department). Father seeks an order for continued services. We deny the petition. FACTUAL AND PROCEDURAL SUMMARY2 On February 6, 2020, department filed a section 300 petition alleging four children were at risk of harm due to mother and father/stepfather’s history of domestic violence. Petitioner is the noncustodial presumed father of two of the children. A detention hearing was held February 11, 2020. Jurisdiction was held April 7, 2020, and disposition on January 5, 2021. Petitioner, who has been incarcerated since August 21, 2020, was provided with reunification services as to his two children, including parenting and counseling for domestic violence as a perpetrator. Petitioner was to submit to random once monthly drug tests. If petitioner missed or tested positive, he was to enroll in substance abuse counseling. Monthly visits were allowed. The report prepared for the review hearing held May 13, 2021, stated that petitioner had not enrolled in any of his case plan components. Petitioner was not present, as he was in custody and waived his appearance. Petitioner’s counsel, who was present, objected but submitted on the matter, stating he had no further evidence or argument regarding the recommendation to terminate services. The juvenile court agreed with the recommendation of the department to terminate services, finding petitioner’s