Janay R. v. Superior Court CA5

Filed 11/7/14 Janay R. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JANAY R., Petitioner, F070155 v. (Super. Ct. No. 516947) THE SUPERIOR COURT OF STANISLAUS COUNTY, OPINION Respondent;

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY,

Real Party in Interest.

THE COURT ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Ann Q. Ameral, Judge. Janay R., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

 Before Gomes, Acting P.J., Kane, J., and Detjen, J.

Janay R. (mother), who is self-represented in this court, 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 (setting order) as to her four-year-old son Andrew.1 She challenges her court-appointed attorney in the dependency proceedings, her social worker, and the juvenile court in a rambling and strongly-worded petition focused on rhetoric rather than the evidence that was before the court. Although her petition frequently cites to juvenile dependency law, those references bear no relationship to the issues the juvenile court confronted when it issued its setting order. On review, we conclude mother’s petition is inadequate as it does not comply with the procedural requirements of section 366.26, subdivision (l) and California Rules of Court, rule 8.452. Accordingly, we will dismiss her petition. PROCEDURAL AND FACTUAL HISTORY For most of his young life, Andrew has not been cared for by his mother. This comes as a result of her ongoing substance abuse and resulting periods of incarceration as well as her neglect.2 In January 2014, then three-year-old Andrew lived with his maternal uncle and aunt. The relatives had been appointed the child’s temporary guardians in 2013. The temporary guardians, however, physically abused and neglected Andrew. Consequently, real party in interest Stanislaus County Community Services Agency (agency) detained the child and initiated the underlying juvenile dependency proceedings. Less than a week following Andrew’s detention, an agency social worker referred mother for substance abuse assessment, parenting classes and counseling. On the date of