Richard People v. Superior Court CA5

Filed 1/4/23 Richard 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RICHARD P., F085186 Petitioner, (Super. Ct. Nos. JJV073394A, v. JJV073394B)

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. Glade F. Roper, Judge. (Retired judge of the Tulare County Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Richard P., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest.

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

-ooOoo- At a contested 18-month review hearing (Welf. & Inst. Code, 366.22, subd. (a))1 in October 2022, the juvenile court terminated reunification services for D.V., the mother of Richard P.’s minor daughters, then seven-year-old T.P. and six-year-old R.P., and set a section 366.26 hearing for February 9, 2023. Richard’s reunification services were terminated at the six-month review hearing in November 2021. In this extraordinary writ petition (Cal. Rules of Court, rules 8.450−8.452),2 Richard (father) seeks an order placing the children in his custody or in the custody of his mother. He does not allege, however, that the juvenile court’s order setting a section 366.26 hearing was error. Consequently, we conclude his writ petition fails to comply with the content requirements of rule 8.450 and dismiss the petition as facially inadequate for review. PROCEDURAL AND FACTUAL SUMMARY On March 6, 2021, a social worker with the Tulare County Health and Human Services Agency (agency) responded to the scene of an arrest. Mother was pulled over during an early morning traffic stop and arrested after she was found to be under the influence of methamphetamines, and in possession of drugs, drug paraphernalia and a loaded gun. Her then 20-month-old daughter, H.G., and a male passenger were in the car. Mother reported that she and H.G.’s father, Frank G., engaged in a domestic violence dispute earlier that day. She said he “ ‘beat her up’ ” and left bruises and bumps on her body and caused her nose to bleed. They fought because he accused her of stealing money from him. Then five-year-old T.P. and four-year-old R.P. were with father.