Robert M. v. Superior Court CA5

Filed 3/5/13 Robert M. v. Superior Court CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ROBERT M., Petitioner, F066375 v. (Super. Ct. No. JD126056-00) 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 review. Jon E. Stuebbe, Judge. Robert M., in pro. per., for Petitioner. No appearance for Respondent. Theresa A. Goldner, County Counsel, and Jennifer E. Feige, Deputy County Counsel, for Real Party in Interest. -ooOoo-

 Before Wiseman, Acting P.J., Kane, J., and Peña, J.

Robert M. in propria persona seeks an extraordinary writ (Cal. Rules of Court, rule 8.452) from the juvenile court’s orders terminating his reunification services at a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))1 and setting a section 366.26 hearing as to his six-year-old son, Dylan. He contends the juvenile court violated his rights under the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). Alternatively, he contends the juvenile court erred in finding there was not a substantial probability Dylan could be returned to his custody. We disagree and deny the petition. FACTUAL AND PROCEDURAL SUMMARY Robert and his girlfriend, Alicia,2 are the parents of Dylan, the subject of this writ petition. In February 2011, sheriff’s deputies responded to a report of domestic violence at the family residence and found Robert and Alicia under the influence of methamphetamine and Alicia complaining of neck pain. She said Robert hit her several times in the back of the head. Alicia was transported to the hospital, Robert was arrested, and then four-year-old Dylan and his eight-year-old half brother Johnny were taken into protective custody by the Kern County Department of Human Services (department). They were placed together in foster care. In April 2011, the juvenile court exercised its dependency jurisdiction pursuant to an original petition (§ 300, subd. (b)), ordered the children removed from parental custody, and ordered reunification services for Alicia as to Dylan and Johnny, and for Robert as to Dylan. Robert and Alicia’s services plans required them to participate in domestic violence and substance abuse counseling and submit to random drug testing.