Luis T. v. Superior Court CA5

Filed 3/20/23 Luis T. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LUIS T., F085604 Petitioner, (Super. Ct. No. JJV064784B) v.

THE SUPERIOR COURT OF TULARE OPINION COUNTY,

Respondent;

TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT * ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Hugo J. Loza, Judge. Luis T., in pro. per., for Petitioner. No appearance for Respondent.

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

No appearance for Real Party in Interest. -ooOoo- Petitioner Luis T. (father) is the alleged father of now five-month-old Dustin P., the subject of this extraordinary writ petition (Cal. Rules of Court, rules 8.450−8.452)1 filed by father in propria persona. At a jurisdiction and disposition hearing on January 10, 2023, the juvenile court denied Dustin’s mother, P.M. (mother),2 reunification services and set a Welfare and Institutions Code section 366.26 hearing 3 for April 4, 2023. Father informs this court that he is incarcerated and does not want his parental rights terminated. Assuming he has standing as an alleged father to file a writ petition, we conclude his writ petition fails to comply with the content requirements of rule 8.450 and dismiss it as facially inadequate for review. FACTUAL AND PROCEDURAL BACKGROUND In September 2022, the Tulare County Health and Human Services Agency (agency) received a referral that mother tested positive for methamphetamine, fentanyl and methadone during a prenatal visit in July 2022 and for amphetamine and fentanyl at the time of Dustin’s birth. The staff reported that the fentanyl was administered by the hospital staff because mother delivered Dustin by caesarean section. Mother had a 14-year-old daughter, A.R.-W., who was removed from her custody in 2010 because of her substance abuse and neglect. After mother failed to reunify, the juvenile court terminated mother’s parental rights and A.R.-W. was adopted by her maternal aunt in 2012. Mother told the investigating social worker she was unprepared to take Dustin home and could not care for him. She said father was in prison.