Sylvia People v. Super. Ct. CA5

Filed 9/3/14 Sylvia P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SYLVIA P., Petitioner, F069741 v. (Super. Ct. Nos. 05CEJ300142-1, 05CEJ300142-2, 05CEJ300142-3, THE SUPERIOR COURT OF FRESNO 05CEJ300142-4, 05CEJ300142-5) COUNTY, Respondent; OPINION FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest. THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Brian M. Arax, Judge. Sylvia P., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Franson, J.

Sylvia P. (mother), who is self represented, seeks an extraordinary writ (Cal. Rules of Court, rule 8.452) from a juvenile court order denying her reunification services and setting a Welfare and Institutions Code section 366.26 hearing for her five children. The children range in age from four to nine years old.1 On review, we conclude mother’s petition fails to comport with the procedural requirements of section 366.26, subdivision (l) and California Rules of Court, rule 8.452. In particular, she fails to raise any legal issue that this court can review. Accordingly, we will dismiss mother’s petition as inadequate. PROCEDURAL AND FACTUAL SUMMARY Mother has substance abuse issues that, for years, have negatively affected her ability to provide regular care for her children and placed them at substantial risk of abuse and neglect. In 2005, a juvenile court removed mother’s eldest son from her physical custody on account of her substance abuse problems and ordered reunification services for her. Mother successfully completed her services, which included residential drug treatment, and she regained custody of the child in 2007. However, mother later resumed using drugs. By 2010, mother had five children, all of whom she placed at risk due to her drug abuse. The juvenile court consequently removed the children from her physical custody in 2010 and again ordered reunification services. Mother successfully completed court-ordered residential drug treatment and reunified with the children in 2012. In 2013, mother admittedly relapsed. As of March 2013, mother was again abusing drugs and seriously neglecting her children. Mother’s sixth child, an infant girl, died while in mother’s care in March 2013.2 After the child’s death, a sheriff’s department investigation uncovered drug paraphernalia, illegal fireworks and an unloaded