Y.L. v. Super. Ct. CA5

Filed 2/20/14 Y.L. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

Y.L., F068440 Petitioner, (Super. Ct. Nos. JD123493-01, v. JD123494-01, JD126381-01, JD130228-00) THE SUPERIOR COURT OF KERN COUNTY,

Respondent; OPINION KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

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

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

Y.L. (mother) in propria persona seeks extraordinary writ relief from the juvenile court’s orders issued at a six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 in November 2013, terminating her reunification services and setting a section 366.26 hearing as to her four daughters, Mo., Me., Melanie and Ma., who range in age from one to five years. Mother contends the juvenile court erred in finding she failed to regularly participate and make substantive progress in her family reunification services and in finding there was not a substantial probability the children could be returned to her custody. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Mother has a long history of methamphetamine use, which began when she was 15 years old. At the six-month review hearing in November 2013, she was 22 years old, had four children, and was pregnant with a fifth child. In September 2009, the Kern County Department of Human Services (department) received a report that then newborn Me. tested positive for amphetamine. Mo. was then one and one-half years old. The department did not detain Mo. and Me. but instead offered mother voluntary family maintenance services including drug treatment. However, she could not abstain and in March 2010, was terminated from a drug treatment program. That same month, the department took Mo. and Me. into protective custody and the juvenile court ordered them detained. In April 2010, the juvenile court ordered mother and the children’s father to participate in family reunification services. Mother’s services plan required her to participate in child neglect, parenting, domestic violence and substance abuse counseling, and submit to random drug testing.