Jessica H. v. Super. Ct. CA5

Filed 12/23/14 Jessica H. v. Super. Ct. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JESSICA H., Petitioner, v. F070238 THE SUPERIOR COURT OF STANISLAUS COUNTY, (Super. Ct. Nos. 516756, 516757 & Respondent; 516969)

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY, OPINION Real Party in Interest.

THE COURT

ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Ann Q. Ameral, Judge. Rebecca A. Roberson, for Petitioner. No appearance for Respondent. John P. Doering, County Counsel, and Maria Elena Ratliff, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Jessica H. seeks extraordinary writ review of the juvenile court’s orders terminating her reunification services and setting a Welfare and Institutions Code section 366.26 hearing1 as to her three-year-old son Christian, one-year-old son Aaron and ten- month-old daughter N.H. Jessica contends the juvenile court erred in finding there was not a substantial probability the children could be returned to her custody. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In August 2013, the Stanislaus Community Services Agency (agency) took then two-year-old Christian and seven-month-old Aaron into protective custody after receiving reports that they were living with their mother, Jessica, in squalid conditions and that Aaron appeared to be malnourished and weak. The agency believed, based on its long relationship with Jessica, that drug use, mental illness and domestic violence factored into her inability to properly care for the children. The agency also learned that Jessica left the children in the care of Aaron G., her husband and the children’s father. Aaron G. (father) was a registered sex offender and prohibited from being around the children. Father was taken into custody and the children were placed in foster care. The juvenile court ordered the children detained and the agency referred Jessica for services including a drug and alcohol assessment, domestic violence and individual counseling and parenting classes. In late August 2013, Jessica completed the drug and alcohol assessment and was referred to Stanislaus Recovery Center for detoxification which she completed. Around this time, Jessica discovered she and father were expecting another child. She began attending group meetings while on a waiting list for outpatient treatment at First Step Perinatal Drug & Alcohol Treatment Program (First Step) and calling Redwood Family Center for admittance into their sober living facility.                                                              1  All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.  2