J.F. v. Superior Court
Petitioner J.F. (Father) was living with S.T. (Mother) in April 2011, when dependency petitions were filed in connection with Mother’s two children, alleging neglect due to her drug abuse. (Welf. & Inst. Code,[2] § 300, subds. (b) & (g).) Both children were found to be dependents of the court. Father was declared to be the presumed father of the older child, K., although Father was determined not to be K.’s biological father, and he was granted reunification services. In an order entered 20 months later, the juvenile court found that reasonable services had been provided, terminated reunification services to Mother and Father, and found by clear and convincing evidence that return of K. to the parents would be detrimental. The court scheduled a permanency planning hearing pursuant to section 366.26.
On August 22, 2013, Father filed a notice of intent to file a petition for an extraordinary writ in this matter, but the petition was not filed until November because of delay in assembling the record. Father seeks an order directing the juvenile court to vacate its orders terminating reunification services and scheduling a section 366.26 hearing and to issue a new order providing for placement of K. with Father or Father’s mother (Ms. C.). Father contends the juvenile court’s finding of detriment was not supported by substantial evidence and the court abused its discretion in placing K. with nonrelative foster parents rather than with Ms. C. By order of November 6, 2013, we stayed the section 366.26 hearing pending resolution of this writ proceeding.
The factual circumstances underlying Father’s claims of error are known to the parties and are summarized in “Father’s Petition for Extraordinary Writ [Rule 8.452], Memorandum of Points and Authorities.â€
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