Kendra K. v. Superior Court CA5

Filed 9/12/14 Kendra K. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

KENDRA K., Petitioner, F069629 v. (Merced Super. Ct. No. JP000743) THE SUPERIOR COURT OF MERCED COUNTY, OPINION Respondent;

MERCED COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Brian L. McCabe, Judge. Kendra K., in pro. per., for Petitioner. No appearance for Respondent. James N. Fincher, County Counsel, and Sheri L. Damon, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Kane, Acting P.J., Detjen, J., and Chittick, J.† † Judge of the Fresno Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Kendra K. (mother) seeks an extraordinary writ (Cal. Rules of Court, rule 8.452) from a juvenile court’s order terminating reunification services and setting a Welfare and Institutions Code section 366.26 hearing for her eight-year-old son, Julian L.1 Mother questions the necessity for removing Julian from her custody. She also claims she has completed one of three requirements for reunification and is still participating in services. 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(a) and (b). 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 HISTORY The parents’ untreated substance abuse, mental health conditions, domestic violence, and transient lifestyle choices led the juvenile court in April 2013 to exercise its dependency jurisdiction over Julian and remove him from parental custody. The court also ordered reunification services for both parents. Mother’s services included a mental health assessment and recommended treatment, a parenting course, and a substance abuse assessment and recommended treatment. During the first six months of services, mother made minimal progress because she only began to participate in services as the six-month status review hearing approached. The court ordered continued reunification services for mother in the fall of 2013. However, once again mother made little progress. At most, she did complete a parenting course in December 2013. After more than 12 months of reunification services, respondent Merced County Human Services Agency (agency) recommended that the court terminate family reunification services for the parents and set a section 366.26 hearing to select and implement a permanent plan for Julian.