S.G. v. Superior Court CA5

Filed 8/27/24 S.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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

S.G.,

Petitioner, F088182

v. (Super. Ct. No. JD144723-00)

THE SUPERIOR COURT OF KERN COUNTY, OPINION Respondent;

KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Christie Canales Norris, Judge. S.G., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Franson, Acting P. J., Meehan, J. and DeSantos, J.

Petitioner S.G. (mother), in propria persona, seeks an extraordinary writ (Cal. Rules of Court1, rule 8.452) from the juvenile court’s order setting a Welfare and Institutions Code2 section 366.26 hearing for October 1, 2024, as to her minor daughter, B.S. We conclude mother’s petition fails to comport with the procedural requirements of rule 8.452 regarding extraordinary writ petitions and dismiss the petition. FACTUAL AND PROCEDURAL SUMMARY On June 6, 2023, the Kern County Department of Human Services (department) filed a juvenile dependency petition on behalf of then nine-month-old B.S. alleging she came within the juvenile court’s jurisdiction pursuant to section 300, subdivisions (b)(1) (failure to protect) and (j) (abuse of siblings).3 It was alleged B.S. was at risk of harm because mother was unable to provide regular care due to her substance abuse and being intoxicated while in the care of B.S., and her father4 had failed to supervise or protect her and to provide adequate shelter due to leaving her with mother, with knowledge they were living in a shed with no utilities or door and alcohol within reach of B.S. It was further alleged B.S. was at risk of harm because her sibling had been abused and neglected due to domestic violence and alcohol abuse by mother. Dependency proceedings were initiated as to B.S.’s sibling, mother failed to reunify, and her parental rights were terminated. B.S. was placed into protective custody and eventually placed in foster care, and mother was arrested for willful cruelty to a child and being habitually drunk in the presence of a child.