C.C. v. Super. Ct. CA4/3

Filed 12/19/13 C.C. v. Super. Ct. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

C.C.,

v.

THE SUPERIOR COURT OF ORANGE G049048 COUNTY, (Super. Ct. No. DP018663) Respondent; OPINION ORANGE COUNTY SOCIAL SERVICES AGENCY et al.,

Real Parties in Interest.

Original proceedings; petition for a writ of mandate/prohibition to challenge an order of the Superior Court of Orange County, Kimberly Menninger, Judge. Petition denied. Frank Ospino, Public Defender, Dave Dziejowski, Assistant Public Defender, Geraldine Wong and Dennis M. Nolan, Deputy Public Defenders, for Petitioner.

Nicholas S. Chrisos, County Counsel, and Karen L. Christensen, Deputy County Counsel, for Real Party in Interest, Orange County Social Services Agency. Rebecca Captain, under appointment by the Court of Appeal, for the Minor, A.C. * * * C.C. (mother) seeks extraordinary relief (Cal. Rules of Court, rules 8.450, 8.452) from the juvenile court’s orders bypassing reunification services concerning her daughter A.C., born in March 2003, (Welf. & Inst. Code, § 361.5, subds. (b)(10), (11); all statutory references are to this code unless otherwise indicated) and scheduling a section 366.26 selection and implementation hearing for January 15, 2014. Mother contends there is insufficient evidence to support the court’s finding she had not made reasonable efforts to treat the problems that led to a failure to reunify with another child removed from her custody in 2006. Having reviewed the petition on the merits, we deny the requested relief. I FACTS AND PROCEDURAL BACKGROUND In December 2006, San Diego social workers filed a section 300 petition concerning mother’s son J.D., born in December 2006. The petition alleged mother had a history of drug use, used drugs during her pregnancy, tested positive for methamphetamine, amphetamine and marijuana at J.D.’s birth, and there was a substantial risk the child would suffer serious physical harm or illness in mother’s care (§ 300, subd. (b)). Mother received reunification services, but in January 2010, the San Diego juvenile court terminated mother’s parental rights to J.D. In June 2009, the Orange County Social Services Agency (SSA) filed a section 300 petition concerning mother’s children S.M. (born April 1998), J.M. (January 2001), A.C. (March 2003), A.M. (June 2005), and T.M. (June 2008). The petition alleged mother had been arrested for child cruelty after leaving eight-year-old J.M. to