Christopher D. v. Super. Ct. 9/20/12 CA4/1

State: California

Court: California Eastern District Court

Docket No: D062170

Case Date: 10/17/2012

Plaintiff: Christopher D.

Defendant: Super. Ct. 9/20/12 CA4/1

Preview:Filed 9/20/12 Certified for publication 10/17/12 (order attached)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

CHRISTOPHER D., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;

D062170 (Super. Ct. No. NJ14443)

SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Real Party in Interest.

PROCEEDINGS for extraordinary relief after reference to a Welfare and Institutions Code section 366.26 hearing. Michael J. Imhoff, Commissioner. Petition granted. Request for stay denied.

Christopher D. seeks writ review of a juvenile court order terminating reunification services as to his minor daughter, Sadie D., and setting a hearing under Welfare and Institutions Code section 366.26.1 Christopher contends the court erred by finding he had been provided reasonable visitation services. We grant the petition. Christopher's request for a stay is denied. FACTUAL2 AND PROCEDURAL BACKGROUND Christopher D. and Jade H.,3 both of whom have lengthy substance abuse histories, are the parents of Sadie D. In August 2011, police conducted a Fourth Amendment waiver search of the home where Christopher and Jade lived with then almost two-year-old Sadie. The home was cluttered with dirty clothes and dishes. In the bedroom where Sadie slept, police discovered drug paraphernalia, including needles and a pipe, which were accessible to Sadie. Both parents admitted to recent use of illegal drugs, and Jade was determined to be presently under the influence of a controlled substance. Sadie was observed to be in poor physical condition: she was dirty and had multiple bruises, a diaper rash and cavities, which were indicative of chronic neglect. Sadie was taken into protective custody. The parents were arrested and charged with child cruelty and various drug-related offenses.

1

All statutory references are to the Welfare and Institutions Code.

2 As Christopher's sole complaint relates to the reasonableness of visitation services, we limit our discussion to the facts relevant to the provision of that service. 3 Jade is not a party to this writ. 2

The San Diego County Health and Human Services Agency (Agency) filed a juvenile dependency petition under section 300 alleging Sadie suffered, or there was a substantial risk she would suffer, serious physical harm or illness due to the parents' illegal substance abuse; and that she had been left without any provision for support due to the parents' incarceration (

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