R.C. v. Superior Court CA5

Filed 10/27/23 R.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

R.C., F086736 Petitioner, (Super. Ct. No. 21CEJ300222-2) v.

THE SUPERIOR COURT OF FRESNO OPINION COUNTY,

Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Mary Dolas, Judge. R.C., in pro. per., for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Detjen, Acting P. J., Peña, J. and Meehan, J.

Petitioner R.C. (father), in propria persona, seeks an extraordinary writ (Cal. Rules of Court, rules 8.450–8.452)1 from the juvenile court’s orders issued at a disposition hearing finding detriment to return, bypassing him for reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(12)2 (violent felony), and setting a section 366.26 hearing as to his son Josiah C. (born December 2020). E.L. (mother) is deceased. Father seeks a writ directing the court to vacate the order setting a section 366.26 hearing and provide him with reunification services. We deny the petition. FACTUAL AND PROCEDURAL SUMMARY3 A. Petition and Detention On May 5, 2023, law enforcement placed a section 300 hold on Josiah after mother was found deceased in her bedroom. Father’s whereabouts were unknown. Josiah was placed with maternal grandparents. Thereafter, the Fresno County Department of Social Services (department) filed a petition pursuant to section 300, subdivision (g), alleging mother left Josiah without any provision for support or care. The department immediately submitted a parent search for father. On May 10, 2023, the juvenile court held a detention hearing. Father’s whereabouts were still unknown. The court found a prima facie case had been established, ordered Josiah detained, ordered father to have reasonable supervised visitation, and gave the department discretion to schedule visits upon father making contact with the department.