In Re Maria S.

De Witt W. Clinton, County Counsel, Auxiliary Legal Services, Holly Bryan Powell and Jill Regal for Real Party in Interest.

OPINION

THE COURT. [*]

Rufino S., biological father [1] of minor Maria S., challenges an order setting a permanency planning hearing (Welf. & Inst. Code, § 366.22), [2] contending "inability of father to attend hearing deprives him of his right to participate" in the dependency proceedings. We disagree and therefore deny the petition.

On June 3, 1995, Maria S. was born. She exhibited symptoms of drug withdrawal and tested positive for cocaine. Rufino abused drugs and did not prevent the birth mother from abusing drugs during her pregnancy with Maria. To the contrary, Rufino actively participated in the birth mother's drug abuse during the pregnancy and, the day before Maria's birth, Rufino and the birth mother "were at a rock house using crack cocaine." Rufino went beyond helping the birth mother abuse herself and their unborn child through the use of drugs. He also physically abused the birth mother and Maria's siblings.

Rufino, incarcerated throughout most of the reunification period, has had numerous police contacts since he was 18 years old. On June…