In re J.G. CA5

Filed 11/9/22 In re J.G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re J.G., a Person Coming Under the Juvenile Court Law.

TULARE COUNTY HEALTH AND HUMAN F083729 SERVICES AGENCY, (Super. Ct. No. JJV073560A) Plaintiff and Respondent,

v. OPINION JOHN G. et al.,

Defendants and Appellants.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Glade F. Roper, Judge. (Retired Judge of the Tulare Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Jacob I. Olson, under appointment by the Court of Appeal, for Defendant and Appellant J.N. John G., in pro per, for Defendant and Appellant John G. No appearance for Plaintiff and Respondent. -ooOoo-

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

Appellants John G. (father) and J.N. (mother) appeal from the juvenile court’s December 30, 2021, order terminating their parental rights under Welfare and Institutions Code section 366.261 to their then two-year-old son, J.G. Father appears in propria persona and argues there was insufficient evidence to support the juvenile court’s assumption of dependency jurisdiction. We conclude father is barred from challenging the jurisdictional findings under section 366.26, subdivision (l) by failing to file an extraordinary writ petition. (Cal. Rules of Court, rule 8.450(a).) Consequently, we dismiss the appeal as to him. Mother appeared through appellate counsel who informed this court he could find no arguable issues to raise on mother’s behalf. This court granted mother leave to file a letter establishing good cause to conclude an arguable issue of reversible error exists. (In re Phoenix H. (2009) 47 Cal.4th 835, 844.) Mother filed a letter but failed to show that any arguable issue arose from the termination hearing. Consequently, we dismiss the appeal as to her as well. PROCEDURAL AND FACTUAL SUMMARY Dependency proceedings were initiated in Orange County in August 2020 when then 10-month-old J.G. was admitted to the hospital after mother found him unresponsive. He was severely malnourished because his parents withheld food from him, causing permanent brain damage. The parents were arrested for felony child abuse. Neither parent took responsibility for J.G.’s condition. According to the paternal grandmother, father became “fanatical with food and lost all hope with [W]estern medicine” after developing ulcerative colitis and suffering complications from treatment. He had two older sons whom he subjected to extreme nutritional deprivation, which was investigated by the Tulare County Health and Human Services Agency (agency). Mother was submissive to his extreme nutritional beliefs.