Russell C. v. Super. Ct. CA2/7

Filed 3/13/13 Russell C. v. Super. Ct. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

RUSSELL C., B245712 Petitioner, (Super. Ct. No. CK21223) v.

THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, Respondent.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26. Debra L. Losnick, Juvenile Court Referee. Petition denied. Law Offices of Katherine Anderson, Jennifer Pichotta and Christina Curtis for Petitioner. No appearance for Respondent. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Stephen D. Watson, Senior Associate County Counsel for Real Party in Interest Los Angeles County Department of Children and Family Services. ________________________________

Petitioner Russell C. seeks extraordinary relief (Welf. & Inst. Code, § 366.26, subd. (l);1 Cal. Rules of Court, rule 8.452) from the juvenile court’s order, made at the 12-month review hearing (§ 366.21, subd. (f)), terminating family reunification services and setting a hearing pursuant to section 366.26 to consider selection and implementation of a permanent plan for his two dependent children, 13-year-old Roxanne C. and eight- year-old Erin C. (the children). We deny the petition. FACTUAL AND PROCEDURAL BACKGROUND On July 15, 2011, the Los Angeles County Department of Children and Family Services (Department) filed a petition under section 300 to declare the children and their half-siblings Stephanie A. and Adrienne J.2 dependents of the juvenile court for Russell C.’s sexual abuse of Adrienne J. and Melissa A., who is also a half-sibling of the children.3 On July 15, 2011 the juvenile court ordered the children detained. Russell C., who did not appear at the detention hearing, made his first appearance in the case at a pretrial disposition hearing on October 3, 2011. The Department’s social worker provided Russell C. with referrals for random drug testing, parenting classes, sex offender treatment, and substance abuse counseling. The social worker next met with Russell C. on November 7, 2011. Russell C. denied the allegations of sexual molestation. The social worker provided Russell C. with a bus pass, referrals for parenting classes, substance abuse and individual counseling, and a referral for financial assistance through the Los Angeles County Department of Social Services (DPSS). The social worker told Russell C. that he may be required to apply for General Relief, and Russell C. stated that he might not qualify for General Relief because