San Diego County Health & Human Services Agency v. Joseph S.

Good Law
102 Cal. Rptr. 3d 642·180 Cal. App. 4th 351·2009 Cal. App. LEXIS 2021
Court of Appeal of CaliforniaDecember 17, 2009No. D054951California4,172 words

Opinion

lead Opinion

Huffman, J.

Joseph S. appeals orders terminating parental rights to his children under Welfare and Institutions Code section 366.26. 1 He also appeals an order summarily denying his petition for modification under section 388. We affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2006 the San Diego County Health and Human Services Agency (the Agency) initiated dependency proceedings on behalf of two-year-old A.S. and eight-month-old PS. (together, children) when their mother, Rachel R., was arrested on drug charges. Rachel was pregnant and admitted recent methamphetamine use. She had a history of substance abuse.

Rachel alleged the children’s father was Joseph S. 2 Rachel stated Joseph was present at the hospital when the children were bom. He lived with A.S. from June 2003 to February 2005, and with A.S. and P.S. from July to November 2005.

The social worker spoke with Joseph on April 10, 2006, two days before the detention hearing. Joseph was living in a hotel. He did not disclose his telephone number or address to the social worker. Joseph said he was not in a position to care for the children. The social worker informed Joseph about the detention hearing. He did…

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