In re K.P. CA4/2

I. INTRODUCTION

Following a physical altercation between appellants T.P. (Father) and L.H.

(Mother), respondent Riverside County Department of Public Social Services (DPSS)

took their child, four-month-old K.P., into protective custody. The juvenile court took

jurisdiction over K.P. pursuant to Welfare and Institutions Code section 3001 based on

the parents’ domestic violence and Mother’s substance abuse. The parents were provided

with reunification services, but when they failed to make substantive progress on their

case plans, the court terminated services and set a hearing to be held pursuant to section

366.26. At that time, the parents were authorized to have one-hour visits with K.P. twice

each week. In July 2013, DPSS applied ex parte to reduce the parents’ visits to a single,

one-hour visit per month. Following a hearing, the court granted the application. The

parents appealed.

Father contends the ex parte application was not correctly served, was insufficient,

and unsupported by admissible evidence.2 Mother joins in Father’s arguments and

1All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

2 In Father’s…