S.L. v. Superior Court CA5

Filed 1/13/25 S.L. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.L., F088931 Petitioner, (Super. Ct. Nos. 23CEJ300205-1, v. 23CEJ300205-4, 23CEJ300205-5)

THE SUPERIOR COURT OF FRESNO COUNTY, OPINION Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Kimberly J. Nystrom-Geist, Judge. S.L., in pro. per., for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest.

* Before Franson, Acting P. J., Peña, J. and Snauffer, J.

-ooOoo- S.L. (mother), in propria persona, seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s order issued at a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))2 terminating her reunification services and setting a section 366.26 hearing for February 25, 2025, as to her children D.L. (now 15 years old), L.B. (now nine years old), and G.B. (now eight years old) (together the children).3 Mother seeks a writ directing the juvenile court to order visitation between the children and mother and to return and grant custody to her. We conclude mother’s petition fails to comport with the procedural requirements of rule 8.452 regarding extraordinary writ petitions and dismiss the petition. STATEMENT OF THE CASE AND FACTS Initial Removal, Jurisdiction, and Disposition On February 21, 2023, D.L. disclosed that she had been sexually abused by her stepfather, Julio B. An emergency protective order was issued, and a safety plan was put in place in which mother agreed to be protective and not allow Julio B. in the home. However, when law enforcement responded to a disturbance in the home on July 27, 2023, it was discovered that Julio B. had been back in the home since March 2023, and mother indicated that she did not know if she believed that D.L. had been sexually abused by Julio B. Mother minimized any concerns and blamed D.L.’s defiant behavior. As a result of mother’s failure to follow the safety plan, law enforcement placed a section “300 hold” on the children, including J.L. and J.B. At the detention hearing, the