Alana People v. Superior Court CA5

Filed 9/19/14 Alana P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ALANA P., F069677 Petitioner, (Super. Ct. No. 13CEJ300265) v.

THE SUPERIOR COURT OF FRESNO OPINION COUNTY,

Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Mary Dolas, Commissioner. Alana P., in pro. per., for Petitioner. No appearance for Respondent. Daniel Cederborg, County Counsel, and Amy K. Cobb, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Alana P., in propria persona, seeks extraordinary writ review (Cal. Rules of Court, rules 8.450-8.452) of the juvenile court’s orders issued at a contested six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 terminating reunification services as to her three-year-old son, U.P., and one-year-old son, T.P., and setting a section 366.26 hearing. Alana challenges the juvenile court’s order terminating the reunification services of the children’s father, Troy.2 She also asserts that she was not present at the hearing. We conclude she lacks standing to challenge the juvenile court’s order as to Troy. We further conclude Alana fails to assert juvenile court error, rendering her writ petition facially inadequate for review. Consequently, we dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY Alana and Troy are the parents of U.P. and T.P., the subjects of this writ petition. In August 2013, Alana tested positive for methamphetamine, heroin, methadone and marijuana while in the hospital giving birth to T.P. T.P. was transferred to the neonatal intensive care unit of another hospital, suffering from withdrawal symptoms. Alana told a social worker from the Fresno County Department of Social Services (department) that she had been using heroin on and off for the previous 10 years, including while she was pregnant with T.P. Troy disclosed that he also used heroin during Alana’s pregnancy. Alana and Troy agreed to participate in voluntary family maintenance services, which required them to immediately enter into inpatient substance abuse treatment. T.P. remained in the hospital and U.P. was placed in the care of his maternal grandmother.