R.M., Petitioner, v. TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY (2012)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

O P I N I O N

R.M. seeks an extraordinary writ (Cal. Rules of Court, rule 8.452) ¹ to stay the Welfare and Institutions Code section 366.26 hearing ² as to his daughters, two-year-old C. and eight-month-old S.³ We will deny the petition.

PROCEDURAL AND FACTUAL SUMMARY

In April 2011, then 19–month–old C. and newborn S. were detained by the Tulare County Health and Human Services Agency after S. and her mother tested positive for controlled substances.   At the time, R.M. was incarcerated in state prison.

In May 2011, at the dispositional hearing, the juvenile court exercised its dependency jurisdiction and ordered reunification services for the mother.   The juvenile court also found that R.M. is the children's biological father, but did not order reunification services for him.   R.M. did not appeal from the juvenile court's dispositional order.

In November 2011, at the six-month review hearing, the juvenile court terminated the mother's reunification services for lack of compliance and set a section 366.26 hearing.   R.M.'s attorney informed the juvenile court that he was going to be released in March 2012, but had new charges.   Consequently, his attorney did not know when he would be released from custody.

DISCUSSION

R.M. advises this court that his release from custody date is in March 2013.   He asks this court to stay the section 366.26 hearing until his release.   We decline to do so.

A stay of the section 366.26 hearing requires an exceptional showing of good cause.  (Rule 8.452(f).)  R.M.'s incarceration is not sufficient good cause to warrant staying the section 366.26 hearing.   Consequently, we will deny his petition.

DISPOSITION

The petition for extraordinary writ is denied.   This opinion is final forthwith as to this court.

FOOTNOTES

FOOTNOTE.  

FN1. All further rule references are to the California Rules of Court..  FN1. All further rule references are to the California Rules of Court.

FN2. All further statutory references are to the Welfare and Institutions Code unless otherwise indicated..  FN2. All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

FN3. We refer to the minor children by their first initials because their names are unique.  (Rule 8.401(a)(2).).  FN3. We refer to the minor children by their first initials because their names are unique.  (Rule 8.401(a)(2).)