In re Ruby G. and Mya C.

Filed 1/16/07  In re Ruby G. and Mya C. CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            ORIGINAL PROCEEDING; petition for writ of mandate.  Emily Stevens, Judge.  Relief granted.

            Sandra DeLong for Petitioner. 

            No appearance for Respondent.

            Raymond G. Fortner, Jr., County Counsel, and Jacklyn K. Louie, Senior Deputy County Counsel, for Real Party in Interest Los Angeles County Department of Children and Family Services.

______________________________

            Petitioner Cesar  C. seeks extraordinary writ relief[1] from the juvenile court's order setting a hearing pursuant to section 366.26 to consider termination of parental rights and implementation of a permanent plan for his two dependent children, Ruby  G. and Mya  C.  In its response to Cesar  C.'s petition, the Los Angeles County Department of Children and Family Services (Department) advises it does not oppose granting relief to Cesar  C.  We grant relief.

FACTS AND PROCEDURAL BACKGROUND

            On August 3, 2005, a few days after Mya was born with amphetamines in her system, the Department filed a petition under section 300 seeking to declare Mya and one-year-old Ruby court dependents.  The petition alleged the children's mother, G.G., had a history of drug abuse, was a current user of illicit drugs, and had tested positive for amphetamines when Mya was born.  Cesar  C. was not named in the petition, which indicated as to both children that the identity and whereabouts of the father were unknown.  The juvenile court ordered the children detained from G.G.

            In a report for the jurisdiction and disposition hearing, the Department indicated G.G. had told the social worker that Cesar  C. was Mya's father, and had been sent to prison two months before Mya was born.  The social worker had located Cesar  C. at North Kern State Prison, where he was serving a sentence and would be released in December 2006.  As for Ruby, G.G. had stated she met a man (Rodolfo  O.) at a party, had sex with him, got pregnant, and never saw him again.  The Department recommended reunification services be offered to G.G. and that neither alleged father receive reunification services.

            At the September 12, 2005 jurisdiction hearing G.G. waived her rights and submitted the petition on the basis of the Department's reports.[2]  Cesar  C. had received notice of the hearing but did not appear.  The court ordered family reunification services be provided to G.G., and ordered the Department to place the children together and to investigate their placement with Cesar  C.'s parents.  The court further ordered a â€