M.F. v. Superior Court CA3

Filed 6/21/24 M.F. v. Superior Court CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Shasta) ----

M.F., C100545

Petitioner, (Super. Ct. No. 23JV3270301)

v.

THE SUPERIOR COURT OF SHASTA COUNTY,

Respondent;

SHASTA COUNTY HEALTH AND HUMAN SERVICES AGENCY et al.,

Real Parties in Interest.

Petitioner M.F. (father) petitions for extraordinary relief pursuant to California Rules of Court, rule 8.452. Father seeks review of the juvenile court’s disposition

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denying family reunification services and setting a selection and implementation hearing under Welfare and Institutions Code section 366.26 (statutory section citations that follow are to the Welfare and Institutions Code). He argues that the juvenile court improperly bypassed him for reunification services under section 361.5, subdivision (b)(10) because there was insufficient evidence that the issues bringing the minor before the court were sufficiently similar to the issues in the previous sibling dependency case. The Shasta County Health and Human Services Agency (Agency) did not file a preliminary response, and finding plausible merit in the petition, we issued an order to show cause. Because the order denying reunification services was supported by sufficient evidence, we deny the petition.

FACTS AND HISTORY OF THE PROCEEDINGS This writ petition originates from a petition filed on October 24, 2023, under section 300. The petition alleged that the infant minor, P.F. (born October 2023), came within the provision of section 300, subdivision (b), failure to protect, and section 300, subdivision (j), abuse of sibling. Both the minor and her mother, C.C., tested positive for methamphetamine at the minor’s birth. The investigating social worker interviewed mother, who admitted to having a heroin addiction and using methamphetamine. Father admitted that he knew mother used drugs during her pregnancy but initially denied that he had any substance abuse issues. When the social worker asked father to take a drug test, he admitted that he “hit a vape pen” that had “chunks of dope in it.” He refused to take a drug test. The petition alleged that both mother and father had unresolved substance abuse issues that placed the minor at risk of harm. As to father, it was further alleged that he had domestic violence issues and had a child in an open child welfare case but did not engage in services or visits. Finally, as to the abuse of sibling allegations, it was alleged that the paternal half-sibling, J.F., had suffered abuse and neglect due to