Jasmine J. v. Super. Ct. CA5

Filed 10/15/13 Jasmine J. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JASMINE J., F067941

Petitioner, (Super. Ct. No. JD127674-00)

v. OPINION THE SUPERIOR COURT OF KERN COUNTY,

Respondent;

KERN COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Louie L. Vega, Judge. Jasmine J., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

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

Jasmine J. (mother), in propria persona, filed a “Notice of Intent to File Writ Petition” (see Cal. Rules of Court, rule 8.450) after a juvenile court ordered the setting of a Welfare and Institutions Code section 366.261 permanency planning hearing as to her 10-year-old daughter, Kelly. Simultaneously, mother submitted a writ petition that did not comport with the procedural requirements of California Rules of Court, rule 8.452, subdivision (b).2 Once the juvenile writ record was prepared, this court advised mother of her petition’s deficiency and encouraged mother to complete and file a new petition. Mother did not file a new petition and the time to do so lapsed. In our previous notice to mother, we added “in the event you do not file a new petition, this court shall attempt to review the petition which you attached with your Notice [of Intent].” We have consequently attempted to review mother’s premature petition and will dismiss it as inadequate. PROCEDURAL AND FACTUAL HISTORY In October 2011, Kern County Department of Human Services (department) placed then nine-year-old Kelly into protective custody after mother was arrested on an accessory charge (Pen. Code, § 32). Months earlier, mother’s live-in boyfriend allegedly murdered their roommate in the home where Kelly also resided. At the time, mother and Kelly were living among known drug users. However, this was not the first time. Mother had a history of residing with Kelly in places where drug and criminal activities