M.A. v. Superior Court CA5

Filed 3/27/14 M.A. v. Superior Court 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

M.A., Petitioner, F068619 v. (Super. Ct. No. 12CEJ300224-1) THE SUPERIOR COURT OF FRESNO COUNTY, OPINION Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Brian M. Arax, Judge. M.A., in pro. per., for Petitioner. No appearance for Respondent. Kevin Briggs, County Counsel, and Amy K. Cobb, Deputy County Counsel, for Real Party in Interest. -ooOoo-

 Before Gomes, Acting P.J., Franson, J., and Peña, J.

M.A. (mother), in propria persona, seeks an extraordinary writ from the juvenile court’s orders issued at a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))1 terminating her reunification services and setting a section 366.26 hearing as to her 17-month-old son, Daniel. She contends the juvenile court judge should have disqualified himself because he knew Daniel’s foster father. Additionally, she challenges the accuracy of documentary evidence admitted to the court and provides updated information about her financial status. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In August 2012, mother, then 34 years old, gave birth to Daniel at 25-weeks gestation. Mother stated she was homeless and drank alcohol during her pregnancy to ease “withdrawal tremors.” She also smoked marijuana. Daniel was admitted to the neonatal intensive care unit in critical condition on a ventilator in cardiorespiratory distress and shock with liver and renal injury. He remained there until January 2013 when he was discharged to the care of foster parents, Mr. and Mrs. S., as mother had not provided any information about relatives for possible placement. During the course of Daniel’s treatment, he was diagnosed with fetal alcohol syndrome and underwent a small bowel resection for necrotizing enterocolitis. Meanwhile, the Fresno County Department of Social Services (department) filed an original dependency petition on Daniel’s behalf alleging mother’s substance abuse placed him at a substantial risk of harm. (§ 300, subd. (b).) The whereabouts of Daniel’s alleged father were unknown. In September 2012, the matter came before Judge Brian Arax sitting as the juvenile court. The juvenile court detained Daniel and ordered the department to offer