Garry C. v. Sup. Ct.

Filed 8/30/06 Garry C. v. Sup. Ct. CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

Garry C. (Father) challenges an order of the Alameda County Juvenile Court, which set a hearing under Welfare and Institutions Code section 366.26[1] to select a permanent plan for Xavier C. (born in 2003). We deny Father's petition on the merits.[2]

Background

Father was incarcerated in 2002, before Xavier's birth, and has remained in state prison throughout these proceedings. On September 15, 2004, the Solano County Social Services Agency (Solano Agency) filed a petition to establish dependency jurisdiction over Xavier pursuant to section 300, subdivisions (b), (e), and (g). At the detention hearing, held the next day, the Solano County Superior Court, Juvenile Division, appointed counsel for Father and ordered Xavier's detention. On October 25, 2004, Father appeared with his counsel at the jurisdictional hearing. At that time the court sustained two of the petition's allegations made under section 300, subdivision (b).

At the dispositional hearing held December 2, 2004, Father was represented by his appointed counsel. The court's dispositional order entered on that date included an order that Father not be offered reunification services based on findings that he was incarcerated and â€