Alessandra S. v. Super. Ct. CA5

Filed 7/17/13 Alessandra S. v. Super. Ct. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ALESSANDRA S., F067140

Petitioner, (Super. Ct. No. 516006)

v. OPINION THE SUPERIOR COURT OF STANISLAUS COUNTY,

Respondent;

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Ann Q. Ameral, Judge. Alessandra S., in pro. per., for Petitioner. No appearance for Respondent. John P. Doering, County Counsel, and Robin Gozzo, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Wiseman, Acting P.J., Poochigian, J. and Detjen, J.

Alessandra S. in propria persona seeks extraordinary writ review of the juvenile court’s orders issued at a contested jurisdictional/dispositional hearing on a supplemental petition (Welf. & Inst. Code, § 387)1 denying her reunification services and setting a section 366.26 hearing as to her two-year-old son Erick. (Cal. Rules of Court, rule 8.452.) Alessandra contends she failed to make adequate progress in her reunification services plan because she was incarcerated for part of the reunification period. She seeks relief from the section 366.26 hearing and an order for reunification services. We conclude Alessandra’s petition fails to comport with the procedural requirements of California Rules of Court, rule 8.452 and dismiss the petition as facially inadequate. PROCEDURAL AND FACTUAL SUMMARY Dependency proceedings were initiated in January 2011, when Alessandra was arrested for various charges including murder for her participation in a drive-by shooting that resulted in a death. At the time of the shooting, then three-month-old Erick, the subject of this writ petition, was in the care of Alessandra’s sister. Alessandra was arrested on her way to Mexico with Erick. The Stanislaus County Community Services Agency (agency) took Erick into protective custody and placed him in foster care. Alessandra identified then 17-year-old Eric P. as Erick’s alleged father. Eric P. (hereafter “father”) was on juvenile probation for illegal possession of a concealed weapon and possession of a controlled substance for sale. He also had an arrest history of participating in a criminal street gang and was known to be a gang member. Father stated he and Alessandra associated with gang members but he and Alessandra did not have a romantic relationship. He did not sign a declaration of paternity and was not listed on Erick’s birth certificate but considered himself Erick’s father. The juvenile court elevated father’s status to that of presumed father.