Andrew R. v. Superior Court CA5

Filed 7/11/23 Andrew R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ANDREW R., F086163 Petitioner, (Super. Ct. No. JD143673-00) v.

THE SUPERIOR COURT OF KERN COUNTY, OPINION Respondent;

KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Susan M. Gill, Judge, and Lorna H. Brumfield, Judge. (Retired Judge of the Kern Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)† Law Office of Christopher L. Stahnke and Christopher Lee Stahnke, for Petitioner. No appearance for Respondent.

* Before Hill, P. J., Smith, J. and Snauffer, J. † Judge Gill presided over the detention hearing; Judge Brumfield presided over the dispositional hearing.

Margo A. Raison, County Counsel, and Elizabeth M. Giesick, Deputy County Counsel, for Real Party in Interest. -ooOoo- Petitioner Andrew R. seeks an extraordinary writ from the juvenile court’s dispositional orders issued on April 21, 2023, denying him reunification services under Welfare and Institutions Code1 section 361.5, subdivision (a) and setting a section 366.26 hearing. (See Cal. Rules of Court, rules 8.450–8.452.) Section 361.5, subdivision (a) applies to biological fathers and allows the court to deny reunification services to such fathers if it finds services will not benefit the child. Petitioner contends the court elevated his paternity status to presumed father under Adoption of Kelsey S. (1992) 1 Cal.4th 816, 823 (Kelsey S.) at the detention hearing on August 19, 2022, which entitled him to reunification services under the same statute, but nevertheless found in error he was not a Kelsey S. father at the April 21, 2023 dispositional hearing. Real party in interest, the Kern County Department of Human Services (department), concedes the error. We accept the concession and grant the petition. PROCEDURAL HISTORY Petitioner is the biological father of now 11-month-old Baby Girl K. (child). When K.K. (mother) gave birth, she did not inform petitioner of the birth and subsequently safely surrendered the child. As soon as mother informed petitioner of the child’s birth, petitioner sought to initiate and maintain a relationship with the child, held the child out as his own child, and sought reunification services and custody placement consideration from the superior court. Petitioner has a criminal record, which includes convictions for felony taking of a vehicle without the owner’s consent, multiple felony probation violations, misdemeanor