JOSE O. v. Superior Court

Jose O. seeks writ review of orders denying him reunification services and setting a section 366.26 hearing regarding his son, Angel O. We deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

On June 27, 2008, the San Diego County Health and Human Services Agency (the Agency) petitioned on behalf of three-year-old Angel O. under Welfare and Institutions Code section 300, subdivision (a), alleging Jose had stabbed Angel’s mother, Beatriz O., to death in Angel’s presence. Subsequently, the Agency filed an amended petition under section 300, subdivision (i), adding Angel had been subjected to an act of cruelty.

Police had gone to the home after receiving a domestic violence call. They found Beatriz and Jose covered with blood and lying on the floor. Beatriz was dead from stab wounds; Jose was unconscious. Angel was seated between them. He stated, “Daddy killed Mommy,” and said he was scared. Jose was hospitalized, arrested and charged with murder. He had a history of domestic violence with Beatriz and had attended domestic violence classes because of an earlier incident.

Angel was detained with his paternal grandparents, who had provided care for him in the past. Jose…