Earl L. v. Superior Court

Earl L. (father) petitions for extraordinary writ relief challenging the juvenile court’s order setting a selection and implementation hearing (Welf. & Inst. Code, § 366.26; all further statutory references are to this code unless otherwise noted) for his son C.L. Kellie N. (mother) joins father’s petition. Father, incarcerated during the pendency of the case, contends the juvenile court erred when it terminated reunification services at the 18-month permanency review despite finding the Orange County Social Services Agency (SSA) provided inadequate reunification services during the most recent review period. For the reasons provided below, we deny father’s writ petition and his request for a stay of the section 366.26 hearing, currently scheduled for October 5, 2011.

I

Factual and Procedural Background

On December 3, 2009, mother reported father physically assaulted her in their residence and that she received treatment at a hospital for minor injuries to her arm and shoulder. Westminster police officers determined she was too intoxicated to care for C.L., who was in the home when the assault occurred, and took him into protective custody. Mother’s record included a…