Stephen H. v. Superior Court CA5

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

STEPHEN H., F086643 Petitioner, (Super. Ct. No. JD143295-01) v.

THE SUPERIOR COURT OF KERN COUNTY, OPINION Respondent;

KERN COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Christie Canales Norris, Judge. Stephen H., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Detjen, Acting P. J., Franson, J. and Snauffer, J.

Petitioner Stephen H. (father), in propria persona, seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s orders issued at a 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))2 terminating his reunification services and setting a section 366.26 hearing for November 15, 2023, as to his child, S.H. (the child). Father seeks a writ directing the juvenile court to return the child to his custody, and he requests a stay of the section 366.26 hearing pending our review of his writ petition. We conclude father’s petition fails to comport with the procedural requirements of rule 8.452 regarding extraordinary writ petitions and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY Initial Removal In December 2021, the child was removed from his mother, Allison H. (mother), after mother was found under the influence and asleep in her vehicle with a drug pipe and fentanyl container accessible to the child. An original petition was filed in the Los Angeles County Superior Court alleging the child was described by section 300, subdivision (b)(1). The petition alleged that the child was at substantial risk of suffering serious physical harm as a result of mother’s substance abuse. At the detention hearing held on December 30, 2021, the Los Angeles County Superior Court ordered the child removed from mother’s custody and released to father. On March 8, 2022, a combined jurisdiction and disposition hearing was held. The allegations in an amended petition regarding mother’s substance abuse were found true, the child was placed with father under a plan of family maintenance services, and mother was ordered to participate in enhancement services. Visitation for mother was ordered to be supervised by the child welfare agency or its designee for a minimum of three times per week for two hours. Unannounced home visits were to be conducted of father’s