In re Michael H. CA5

Filed 4/19/13 In re Michael H. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re MICHAEL H., a Person Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF F065926 HUMAN SERVICES, (Super. Ct. No. JD128268-00) Plaintiff and Respondent, v. OPINION SCOTT H., Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Louie L. Vega, Judge. Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant. Theresa A. Goldner, County Counsel, and Paul E. Blackhurst, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Wiseman, Acting P.J., Levy, J., and Poochigian, J.

Appellant, Scott H., is the father of 17-month-old Michael, the subject of this dependency appeal, who was detained and placed in foster care. After the dispositional hearing in April 2012, Michael‟s maternal grandmother filed a Welfare and Institutions Code section 3881 petition asking the juvenile court to place Michael with her. The juvenile court denied the petition and subsequently terminated reunification services and set a section 366.26 hearing. Scott appeals from the juvenile court‟s denial of the maternal grandmother‟s section 388 petition. We affirm. The juvenile court properly exercised its discretion in determining that Michael‟s best interest would not be served by a change of placement. PROCEDURAL AND FACTUAL SUMMARY In February 2012, the Kern County Department of Human Services (department) took then three-month-old Michael into protective custody because Scott and Nichole, Michael‟s mother, were caring for him while under the influence of methamphetamine. At the time, Scott, Nichole, and Michael were living with Nichole‟s mother, Michelle, and Michelle‟s live-in boyfriend, Rex. Michelle and Rex are both drug addicts in recovery. The department placed Michael in foster care. Nichole told the investigating social worker that she smoked methamphetamine on and off over the prior five years and that she relapsed after Michael was born. She said she did not use methamphetamine at Michelle‟s house because it was not allowed. However, she helped Michelle take care of Michael while she (Nichole) was under the influence of methamphetamine. Scott told the social worker that he had been using methamphetamine periodically for approximately seven or eight years. In February 2011, he completed a drug diversion program but relapsed the following May. He said his relapses consisted of a one-time