In re S.Y. CA3

Filed 6/12/14 In re S.Y. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re S.Y., a Person Coming Under the Juvenile Court C074904 Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. J05890) AGENCY,

Plaintiff and Respondent,

v.

M.W.,

Defendant and Appellant.

M.W., the paternal great-aunt of the minor S.Y., appeals from the juvenile court’s orders denying her petition for modification requesting placement of the minor. (Welf. & Inst. Code, §§ 361.3, 388, 395.)1 She contends the denial of her petition was an abuse of discretion. We shall affirm the juvenile court’s orders.

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

BACKGROUND In December 2011 S.Y. (born May 2011) lived with her half siblings S.H. (born January 2007), A.H. (born February 2006), and P.G. (born February 2002), along with their mother A.R. and S.Y.’s father, S.D.Y. On December 29, 2011, mother and S.D.Y. brought S.H. into the emergency room for stomach pain. He had multiple bruises and scratches to the abdomen, upper extremities, back, neck, and face. S.H. was taken into surgery, where doctors determined he had sustained substantial internal injuries, including a ruptured intestine, half a gallon of bloody fluid in the abdomen, multiple bruises to the intestines, a bruised spleen, and hematomas to the left and right colon. The injuries were caused by numerous hits of some kind to the abdominal area. Mother and S.D.Y. were arrested and jailed on felony child abuse charges. The minors were taken into protective custody, and the San Joaquin County Human Services Agency (HSA) filed a dependency petition alleging serious physical harm, failure to protect, severe physical abuse, no provision for support, and abuse of a sibling. (§ 300, subds. (a), (b), (g), (e) & (j).) The minors were detained in January 2012. The juvenile court sustained the petition and denied reunification services for mother in August 2012 and for S.D.Y. in September 2012. The January 2013 report noted the minors were placed together in a foster home. Mother and S.D.Y. did not have visitation with S.Y. The paternal grandmother had monthly visits with S.Y., and the maternal grandmother had weekly phone calls with all of the minors. Although many relatives came forward for placement, only one, the maternal uncle, was approved for placement at the time of the report. He withdrew from consideration after divorcing his wife. The March 2013 section 366.26 report noted “a few paternal side relatives” requested assessment for placement, but “[m]ost of these relatives either did not pass or are very marginal in their own functioning.” In January 2013 the foster parent voiced her