James B. v. Superior Court

Petitioner James “Terry” B. is the father of two dependent children of the juvenile court, Aaron B. and Justin B. Pursuant to California Rules of Court, rule 39.IB, petitioner filed a petition for extraordinary relief seeking review of the trial court’s order terminating reunification services and setting a permanency planning hearing pursuant to Welfare and Institutions Code section 366.26 Petitioner contends that the court erred when it found that he had been offered sufficient reunification services. We conclude the order setting the section 366.26 hearing is supported by substantial evidence. Accordingly, we deny the petition.

The minors were detained as dependent and neglected children in October 1993. Aaron was six; Justin was three. Both were grossly underweight and physically underdeveloped. Both suffered from fetal alcohol syndrome. Justin suffered considerable medical problems, including emaciation, which were not being treated. The minors’ mother had a considerable alcohol problem; petitioner both admitted and denied regular drug use. There were indications of domestic violence. The minors lived with their parents in an unsanitary trailer home. The trailer was…