Byron K. v. Superior Court CA5

Filed 1/10/23 Byron K. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

BYRON K., F085268 Petitioner, (Super. Ct. Nos. JVDP-22-000014, v. JVDP-22-000157)

THE SUPERIOR COURT OF STANISLAUS COUNTY, OPINION Respondent;

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY

Real Party in Interest.

THE COURT * ORIGINAL PROCEEDINGS; extraordinary writ petition. Ann Q. Ameral, Judge. Byron K., in pro. per., for Petitioner. No appearance for Respondent. Thomas E. Boze, County Counsel, and Sophia Ahmad, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Byron K. II (father) seeks an extraordinary writ (Cal. Rules of Court, rule 8.450– 8.452)1 from the juvenile court’s order setting a Welfare and Institutions Code section 366.262 hearing for January 17, 2023, as to his now 22-month-old daughter, G.K., and five-month-old son, B.K. III (B.K.). A.L., the children’s mother (mother) did not file a writ petition. At a combined hearing on September 20, 2022, the juvenile court terminated father’s reunification services for G.K. pursuant to a modification petition (§ 388) and denied him reunification services for B.K. (§ 361.5, subd. (e)(1)) because he was incarcerated with an eligibility for parole date that exceeded the maximum allowable time to reunify. Father contends the court’s rulings were error because he is eligible for early release. We deny the petition. PROCEDURAL AND FACTUAL BACKGROUND In February 2022, the Stanislaus County Community Services Agency (agency) was notified that mother was arrested because she was driving a stolen car with then 11-month-old G.K. She also had an outstanding warrant from a previous stolen vehicle charge. She admitted to the arresting officer that she was under the influence of Fentanyl and was pregnant. She and father were married, and he was incarcerated awaiting trial on charges of domestic violence against mother. G.K. was taken into protective custody and placed in foster care. Father denied the domestic violence charges and stated he had been working full-time and trying to get G.K. and his two-year-old daughter, Genesis3 , out of mother’s care because he believed mother was using methamphetamine. He wanted G.K. placed