L.G. v. Superior Court CA5

California Court of Appeal·Decided September 2, 2026·No. F091812·Unpublished

Opinion

Filed 9/1/26 L.G. v. Superior Court CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

L.G., F091812

Petitioner,

(Super. Ct. No. 25CEJ300061-1)

v.

THE SUPERIOR COURT OF FRESNO OPINION COUNTY,

Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT*

ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Kimberly J.

Nystrom-Geist, Judge.

Kaelee Geller, Fitzgerald, Alvarez & Ciummo, for Petitioner. No appearance for Respondent.

* Before Hill, P. J., Detjen, J. and Snauffer, J.

Douglas T. Sloan, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest.

-ooOoo-

Petitioner L.G. (father) seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s orders issued at a contested six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))2 terminating his reunification services and setting a section 366.26 hearing for October 7, 2026, as to his one-year-old daughter, Baby Girl W. (the child). In his petition, father contends insufficient evidence supports the juvenile court’s finding that reasonable services were provided. He also asks us to review findings and orders from the dispositional hearing in October 2025. We deny the petition.

FACTS

Initial Removal In April 2025, the Fresno County Department of Social Services (department)

received a suspected child abuse report that the child was left without provision for support as a safe surrender baby by her mother, C.W. (mother). The child was taken into protective custody from the hospital shortly after her birth. The department filed an original petition alleging the child was described by section 300, subdivision (g). The petition alleged mother safely surrendered the child pursuant to Health and Safety Code section 1255.7 at a local hospital. The identity of the child’s father was listed as unknown in the petition.

At the initial detention hearing held on April 11, 2025, the juvenile court ordered the child detained from mother’s custody, and a combined jurisdiction and disposition

1 All further rule references are to the California Rules of Court. 2 All further statutory references are to the Welfare and Institutions Code unless otherwise noted.

hearing was set for May 12, 2025. Mother contacted the department to exercise her right to claim custody of the child on April 21, 2025. She had surrendered custody of the child due to threats from the father of her two-year-old child, A.M. Father was not in communication with mother. Mother reported father left a few days prior to the child’s birth and wanted nothing to do with the child. The department attempted to assess mother’s living situation, but mother would not respond to the social worker’s attempts to visit her home. The jurisdiction and disposition hearing was continued due to the department’s contact with mother.

The social worker made first contact with father by phone on May 13, 2025.

Father indicated he was trying to locate the child since the day she was born. Mother did not answer his phone calls after he arrived at the hospital to see the child. He did not learn of the child’s removal until he received a letter from the department. Father believed he was the biological father of the child, and he wanted the child in his care. Father reported having his own apartment and baby supplies for the child.

The department filed an amended petition, which provided the full names of mother and father. Father was identified as an alleged father. The allegations involved mother’s unstable housing and refusal to allow the department to assess the suitability of her home. The petition further alleged mother had a history of exposing her children to domestic violence.

On May 28, 2025, mother and father were both present and appointed counsel at a second detention hearing. On that same date, father submitted a Statement Regarding Parentage (form JV-505) requesting genetic testing to determine whether he was the biological father of the child. The juvenile court ordered father to participate in a paternity test. The child was ordered detained from mother, and the jurisdiction and disposition hearing was reset to July 9, 2025. A second amended petition was filed to update the child’s last name.

Jurisdiction and Disposition The department’s jurisdiction and disposition report, dated July 2, 2025, recommended that the allegations in the second amended petition be found true. It was also recommended that father be elevated to the status of a biological father based upon the results of the genetic testing. Family reunification services were recommended for father and mother. Father’s reunification services were to include parenting classes and any recommended treatment from a mental health assessment.

The report stated father had no criminal convictions in the State of California or child welfare history. Father requested placement of the child, but the department recommended father’s request be denied due to the lack of a relationship or participation in visitation. A social worker had also been unable to assess his home in Sacramento County. The department’s assessment concluded that father needed to demonstrate his ability to meet the child’s needs for stability and safety before obtaining placement.

At the jurisdiction and disposition hearing held on July 9, 2025, father was present and represented by counsel. The juvenile court found the allegations in the second amended petition to be true, and disposition was continued for further compliance with the Indian Child Welfare Act. Supervised visitation was ordered between father and the child to be a minimum of once per week for a minimum of two hours per visit. The department was also provided with discretion to advance visitation to unsupervised.

On July 15, 2025, father’s counsel filed a “Kelsey Motion” requesting elevation to presumed father status. The motion argued that father was prevented from taking the child into his home by the actions of mother, and he requested to be assessed for placement as a presumed father of the child.

In an addendum report, dated August 22, 2025, the department provided updates on the parents’ circumstances. On August 13, 2025, the social worker contacted father by phone. Father explained that he was recently laid off from his employment, and he was currently searching for a job. Father was living with his cousin, and he had a room to

share with the child. He reported having a “huge support system” to help assist with the child. The social worker notified father of the need to assess his living situation, and he reported that he was ready to care for the child.

The following week, the social worker inquired about scheduling a time to assess father’s current residence. Father explained that he “bounces” around homes, and he wanted his aunt’s home to be assessed. The paternal great-aunt had just moved into the home, but he agreed to discuss her availability for an assessment. A virtual assessment of the paternal great-aunt’s home was scheduled for August 26, 2025.

The social worker supervised two in-person visits between father and the child on August 8, 2025 and August 13, 2025. Father engaged with the child during the visits, and there were no concerns noted. He fed the child and consoled her when she began to cry.

On August 27, 2025, father was present for the continued disposition hearing. The department was ordered to hold a child and family team meeting to address father’s visitation progression. The disposition hearing and father’s “Kelsey Motion” were continued to October 8, 2025.

Free access — add to your briefcase to read the full text and ask questions with AI

L.G. v. Superior Court CA5, (Cal. Ct. App. 2026).

L.G. v. Superior Court CA5 (L.G. v. Superior Court CA5) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Debra M.
189 Cal. App. 3d 1032 (California Court of Appeal, 1987)
In Re Eli F.
212 Cal. App. 3d 228 (California Court of Appeal, 1989)
Stanislaus County Department of Social Services v. Noeline P.
56 Cal. App. 4th 1143 (California Court of Appeal, 1997)
In Re Aryanna C.
34 Cal. Rptr. 3d 288 (California Court of Appeal, 2005)
Dwayne P. v. Superior Court
126 Cal. Rptr. 2d 639 (California Court of Appeal, 2002)
In Re Misako R.
2 Cal. App. 4th 538 (California Court of Appeal, 1991)
In Re Joshua M.
78 Cal. Rptr. 2d 110 (California Court of Appeal, 1998)
Wallace v. City of Los Angeles
12 Cal. App. 4th 1385 (California Court of Appeal, 1993)
In Re Alanna A.
37 Cal. Rptr. 3d 579 (California Court of Appeal, 2005)
In Re Ronell A.
44 Cal. App. 4th 1352 (California Court of Appeal, 1996)
Mark N. v. Superior Court of L.A. Cty.
60 Cal. App. 4th 996 (California Court of Appeal, 1998)
San Bernardino County Children & Family Services v. Kimberly L.
243 Cal. App. 4th 1220 (California Court of Appeal, 2016)
Contra Costa County Social Service Department v. Jesse W.
93 Cal. App. 4th 349 (California Court of Appeal, 2001)
San Diego Cnty. Health & Human Servs. Agency v. M.F. (In re M.F.)
243 Cal. Rptr. 3d 510 (California Court of Appeals, 5th District, 2019)