Steven People v. Superior Court CA5

Filed 8/15/22 Steven P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

STEVEN P., F084447 Petitioner, (Super. Ct. Nos. JJV073438A, v. JJV073438B)

THE SUPERIOR COURT OF TULARE COUNTY, OPINION Respondent;

TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT * ORIGINAL PROCEEDINGS; petition for extraordinary writ review. John P. Bianco, Judge. Steven P., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Hill, P. J., Detjen, J. and DeSantos, J.

Steven P. (father), in propria persona, seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s orders issued at a 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))2 on May 11, 2022, terminating reunification services and setting a section 366.26 hearing for August 31, 2022, as to his now seven-year-old son, S.P., and five-year-old son, D.P. In his writ petition signed on May 23, 2022, father advised that he was incarcerated in Wisconsin and expected to be released on July 5, 2022, at which time he would like custody of his children. We conclude father’s writ petition fails to comply with the content requirements of rule 8.452 and dismiss it as facially inadequate for review. PROCEDURAL AND FACTUAL SUMMARY In March 2021, the Tulare County Health and Human Services Agency (agency) received an immediate referral that then six-year-old S.P. had a black eye. A social worker and deputy from the sheriff’s office met with mother, K.S. (mother). She said S.P. sustained the black eye from a fall while he was with his aunt. She denied abusing her children and said she sometimes consumed alcohol. The children appeared to be slightly malnourished and fatigued. The social worker tried to engage the children but they seemed to be nonverbal. Both children were very dirty and appeared not to have bathed for a long time. The house was also very dirty and mother was slurring her speech as if under the influence of some substance. She refused to spot test and was arrested for being under the influence of a controlled substance and possession of methamphetamine. The children were taken into protective custody and placed in a foster home. The following day, the foster mother reported the children had a lot of marks and bruises on their backs, buttocks, and legs. S.P. had scratches on his hand and face near his eye, a huge bruise/scrape mark covering at least half of his buttock, a one-inch