Michelle M. v. Superior Court CA5

Filed 2/24/14 Michelle M. v. Superior Court 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

F068571 MICHELLE M., (Super. Ct. No. 510634) Petitioner,

v. OPINION THE SUPERIOR COURT OF STANISLAUS COUNTY,

Respondent;

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Ann Q. Ameral, Judge. Thomas P. White, for Petitioner. No appearance for Respondent. John P. Doering, County Counsel, and Robin Gozzo, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Kane, J.

Petitioner Michelle M. (mother) seeks review by extraordinary writ of the juvenile court’s order setting a date of May 8, 2014, for a permanency planning hearing (Welf. & Inst. Code, § 366.26)1 for her son, Jordan. The memorandum attached to the petition, however, raises issues that arose out of the 12-month and 18-month review hearings, but none that arose out of the December 16, 2013, hearing where the permanency planning hearing was set. We deny the petition. FACTS On January 26, 2012, then four-year-old Jordan, and his three half siblings, then 15-year-old Miranda, 13-year-old Savannah, and 18-month-old R., were detained. On January 30, 2012, the Stanislaus County Community Services Agency (agency) filed a petition with respect to Jordan and his siblings alleging that their parents failed to protect them (§ 300, subd. (b)), left them without any provision for support (§ 300, subd. (g)), and that they were at substantial risk of abuse or neglect because of prior sibling abuse or neglect (§ 300, subd. (j)). The petition also alleged that mother had a long history of drug abuse and domestic violence in her relationships and that Jordan’s father (father) had a history of methamphetamine use and domestic violence. Father’s whereabouts were unknown. According to the detention report filed in conjunction with the petition, on January 2, 2012, after mother and R.’s father were arrested for robbery, they made arrangements for R. to live with his adult half sister, while Jordan remained at the residence with his two older sisters, with an adult neighbor checking on them. On January 3, 2012, a social worker who went to the residence found it did not have electricity or running water and two cases of needles and syringes within reach of the children. Jordan, Miranda and Savannah were eventually placed in foster care together and R. was placed with his adult half sister.