Kristina T. v. Super. Ct. CA5

Filed 1/9/14 Kristina T. v. Super. Ct. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

KRISTINA T., Petitioner, F068337 v. (Super. Ct. No. JP000880) THE SUPERIOR COURT OF MERCED COUNTY, OPINION Respondent;

MERCED COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Brian L. McCabe, Judge. Kristina T., in pro per., for Petitioner. No appearance for Respondent. James N. Fincher, County Counsel, and Sheri L. Damon, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Levy, Acting P.J., Cornell, J., and Detjen, J.

Kristina T. in propria persona seeks extraordinary writ relief from the juvenile court’s orders denying her reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(2)1 because of her mental disability and setting a section 366.26 hearing as to her four-month-old son, Justin. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In August 2013, the Merced County Human Services Agency (agency) took then newborn Justin into protective custody out of concern his mother, Kristina, could not take care of him. According to the hospital staff, Kristina appeared mentally unstable and delusional. Kristina’s mother told the staff Kristina was diagnosed with schizophrenia and refused medication and treatment because she did not believe there was anything wrong with her. The previous March, the agency removed Kristina’s other three minor children because of neglect and placed them with their fathers. The agency filed a dependency petition on Justin’s behalf and identified Jason as his father. Jason’s whereabouts were unknown. The juvenile court appointed a guardian ad litem for Kristina and ordered Justin detained. The juvenile court also adjudged Justin a dependent child and ordered Kristina to undergo a psychological evaluation to determine if she could benefit from reunification services. If the result of the first psychological evaluation was that Kristina would not benefit from services, then the court’s order included a second evaluation. The agency placed Justin in foster care. In October 2013, Kristina was evaluated by two clinical psychologists who confirmed a diagnosis of schizophrenia and opined she had a mental disability that rendered her incapable of benefiting from reunification services. One of the