C.H. v. Superior Court CA5

Filed 8/9/21 C.H. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

C.H., F082791 Petitioner, (Super. Ct. No. JD141225-00) 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. C.H., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

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

Petitioner C.H. (father)1, seek an extraordinary writ after the juvenile court’s order setting a Welfare and Institutions Code section 366.262 hearing as to his now one-year- old child, C.C. We conclude the petition fails to comport with the procedural requirements of California Rules of Court, rule 8.4523 regarding extraordinary writ petitions and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY4 C.C. was removed due to mother’s combative and erratic behavior at the time of C.C.’s birth in March 2020. Mother had been displaying symptoms of auditory and visual hallucinations, as well as paranoia and aggressive behavior toward others since March of 2019. In one such episode, mother threatened to cut father’s throat. C.C. and mother both tested positive for amphetamine at the time of C.C.’s birth. Mother used methamphetamine during the entire course of the pregnancy, and she had lost custody of C.C.’s three older siblings in 2019, due to her substance abuse. At the detention hearing on July 29, 2020, C.C. was ordered detained, and mother was granted twice weekly supervised visits. C.C. was placed with a maternal aunt and uncle. At the jurisdiction/disposition hearing September 4, 2020, father was elevated to biological status and was also ordered twice weekly supervised visits. The petition was

1 A.C. (mother) and father both signed the writ in this case number, but mother’s notice of intent was filed under case No. F082789. Her case was dismissed on June 16, 2021, for lack of filing writ petition. Then mother signed father’s writ petition, which was filed June 18, 2021.