Ernest R. v. Superior Court

Filed 3/3/06 Ernest R. v. Superior Court CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO

ORIGINAL PROCEEDING; petition for writ of mandate. D. Zeke Zeidler, Judge. Petition denied.

Elizabeth Hong for Petitioner.

No appearance for Respondent.

No appearance for the Minor.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Judith A. Luby, Deputy County Counsel for Real Party in Interest.

* * * * *

Ernest R., the alleged father of Star R. (born Jan. 2004), filed a California Rules of Court, rule 38.1B petition for extraordinary relief, seeking review of the juvenile court's November 15, 2005 orders, denying his Welfare and Institutions Code section 388^[1] petition without a hearing and denying him further visitation. We deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

In mid-March 2005, the Los Angeles County Department of Children and Family Services (DCFS) filed a dependency petition on behalf of then 14-month old Star,^[2] alleging that she was at risk because her mother, Kenya T., had unresolved drug problems and had abandoned Star for a month to Wanda A., a maternal great aunt, without making arrangements for Star's care. No father was named in the petition. Kenya's whereabouts were reported to be unknown, and she did not appear at the detention hearing. The juvenile court found a prima facie case for detaining Star, ordered that she be detained in Wanda's custody, and ordered reunification services for Kenya. The juvenile court ordered DCFS to include Star's birth certificate with the next court report.

By the end of March 2005, Kenya had been located. Kenya, who was an inconsistent informant, told DCFS that she was engaged to Ernest and that he was Star's father. All indications, however, were that Ernest and Star had no on-going relationship.

DCFS's search for Ernest led to an interview of his mother, Patricia R. She told DCFS that Kenya had come to live with her and Ernest four months before Star was born, and that Kenya and Star had remained in their home until Star was six months old. During the time that Kenya had lived with them, Patricia and Ernest had provided financially for mother and baby. The financial support ceased with the break-up that followed Kenya's theft and vandalization of Ernest's car. After that incident Kenya and Star moved out, and Ernest and Kenya lost contact. Patricia reported that Kenya had threatened Ernest's life, but that Kenya had been calling since Star had been detained. Patricia referred to Ernest as Star's father.

An inquiry regarding Ernest to the California Law Enforcement Telecommunications System (CLETS) revealed arrests for domestic violence, possession of marijuana, possession of marijuana for sale, driving under the influence, and driving with a suspended license. DCFS made several unsuccessful attempts to locate Ernest and give him notice of the next proceeding to be held on April 6, 2005. It mailed written notice on March 29, 2005.

Kenya made her first appearance at an April 6, 2005 pretrial resolution conference, during which she identified Ernest as Star's father. DCFS had located Ernest in custody for a recent driving under the influence arrest, but he had been released before arrangements could be made with the jail for his transport to the hearing.

The juvenile court again ordered DCFS to obtain Star's birth certificate, and in addition to ordered DCFS: get addresses for Ernest from Patricia and from Ernest's recent arrest report, notice him at the addresses, attempt to interview him for a supplemental report, and report on allegations of domestic violence between the parents. The juvenile court granted Kenya and Ernest monitored visitation in a neutral setting, but deferred paternity findings. The next proceeding, a mediation, was set for May 10, 2005.

A May 10, 2005 supplemental DCFS report informed the juvenile court that Ernest's whereabouts remained unknown. Police records for Ernest's most recent arrest listed him living at Patricia's address. When contacted again by DCFS, Patricia at first avowed no knowledge of Ernest's whereabouts, then explained that he was uncomfortable in court settings and may have been reluctant to attend hearings due to his fear of being arrested on an outstanding warrant. Patricia agreed to try to get a message to Ernest that he needed to appear at the next hearing and should contact the DCFS social worker.

DCFS reported that it had requested Star's birth certificate, but had not received it.

Ernest appeared at the May 10, 2005 mediation. According to the mediation report, he and DCFS agreed to continue the matter for paternity testing. Kenya did not appear.

At the May 10, 2005 hearing that followed the mediation, the juvenile court appointed an attorney for Ernest, ordered HLA/DNA paternity testing of Ernest, Kenya, and Star, and ordered Ernest to immediately contact a particular laboratory to arrange for his testing. The juvenile court deferred the issue of paternity until the test results were received, ordered DCFS to set up a visitation schedule for Ernest, and continued the case to June 13, 2005, for further pretrial resolution proceedings and receipt of the paternity testing results. All parties were ordered to return for the next hearing, on June 13, 2005, without further notice. Star remained detained with Wanda.

On June 13, 2005, Ernest and Kenya failed to appear, and DCFS informed the juvenile court that Ernest had not made an appointment for the court-ordered paternity test and had not contacted DCFS regarding either the testing or visiting Star. The juvenile court sustained the petition, ordered reunification services for Kenya, found Ernest to be an alleged father, denied Ernest's attorney's request for a continuance, and ordered that the parents keep DCFS advised of their addresses and telephone numbers at all times. The juvenile court declined to order reunification services for Ernest, but ordered that he have monitored visitation. The juvenile court ordered Star to remain placed with Wanda.

On June 13, 2005, the juvenile court served on Ernest a â€