R.H. v. Super. Ct. CA5

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

R.H., F067291

Petitioner, (Super. Ct. No. JD128387-00)

v. OPINION THE SUPERIOR COURT OF KERN COUNTY,

Respondent;

KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest. THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Louie L. Vega, Judge. R.H., in pro. per., for Petitioner. No appearance for Respondent. Theresa A. Goldner, County Counsel, and Jennifer E. Feige, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Peña, J.

R.H. (mother) in propria persona seeks extraordinary writ review of the juvenile court’s orders issued at a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))1 terminating her reunification services and setting a section 366.26 hearing as to her seven-year-old son Paul. (Cal. Rules of Court, rule 8.452.) Mother contends the report submitted by the Kern County Department of Human Services (department) for the hearing was incorrect and/or incomplete with respect to her drug test results. She seeks relief from the section 366.26 hearing and an order continuing her reunification services. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In March 2012, the juvenile court ordered then five-year-old Paul removed from the physical custody of his father, also named Paul (hereafter “father”) at a detention hearing. Father suffered from drug-induced schizophrenia and was hallucinating, thus placing Paul at risk of harm. At the time of his removal, Paul was staying with his paternal grandmother on an extended visit. Mother appeared at the detention hearing. She and father divorced three years prior, after which father was awarded sole physical custody of Paul and mother was granted supervised visitation. Mother initially had limited contact with Paul, however, visited him more frequently during the four to five months before Paul’s detention. Mother had a lengthy history of methamphetamine use. The juvenile court ordered weekly visitation for mother and father and set a combined jurisdictional/dispositional hearing for April 2012. In the interim, father died of a drug overdose. The department filed a first amended petition under section 300, alleging mother’s drug use placed Paul at risk of harm. The juvenile court sustained the petition and