GEORGE P. v. Superior Court
Opinion
Opinion
Perren, J.
Petitioner George P. (petitioner), a member of the National Guard, was sent to Iraq during the pendency of a juvenile dependency case regarding custody of his son. The juvenile court granted a 90-day stay of the case under the Servicemembers Civil Relief Act (SCRA) (50 U.S.C. Appen. §§501-596), but denied petitioner’s request for an additional stay. Here, we conclude that the granting of an additional stay under the SCRA is discretionary, and may be denied by the court if the servicemember’s ability to appear and participate in a civil action is not adversely affected by his or her military duties.
Following denial of petitioner’s request for an additional stay, the juvenile court terminated reunification services and set the case for a permanency plan hearing. (Cal. Rules of Court, formerly rule 39.IB, now rule 38; Welf. & Inst. Code, § 366.26.) Petitioner seeks extraordinary writ review of that November 4, 2004, order. In this case, the juvenile court could reasonably deny the additional stay based on its finding that petitioner’s military service did not adversely affect his participation in the case. [[/]] We deny the petition.