Pablo M. v. Sup. Ct.
Filed 7/6/06 Pablo M. v. Sup. Ct. CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| PABLO M. Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Real Party in Interest. | B189834 (Super. Ct. No. CK55942 (Marilyn H. Mackel, Temporary Judge)
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Petition for extraordinary writ. (Cal. Rules of Court, rule 38.1.) Marilyn M. Mackel, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Petition denied.
Merrill Lee Toole for Petitioner.
No appearance for Respondent.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Frank J. DaVanzo, Principal Deputy County Counsel, for Real Party in Interest.
Children's Law Center of Los Angeles, Jenny Cheung and Dwana Willis, for minor K. D.
INTRODUCTION
Pablo M., the father of K.D., challenges the juvenile court's order terminating reunification services and setting the underlying dependency proceeding for a parental rights termination hearing. (Welf. & Inst. Code, § 366.26.)[1] Father contends there was insufficient evidence to support the court's determination that releasing K. to his care would create a substantial risk of detriment to her. We find substantial evidence supports the court's order.
FACTS AND PROCEDURAL HISTORY
The Los Angeles County Department of Children and Family Services (DCFS) detained three-year-old K. and her newborn sister Angel, because at birth Angel tested positive for amphetamines and methamphetamines, and their mother, L. D., had a history of substance abuse and had relapsed after having completed a substance abuse program. DCFS filed a section 300 petition on July 8, 2004. K. was placed in the custody of her maternal aunt, Janela M. Father was not married to L. D. and was not listed as K.'s father on her birth certificate. However, in late July 2004, paternity testing determined he was K.'s natural father.
After father learned the results of the paternity testing, he requested â€
