Vivian M. v. Super. Ct. CA2/3

Filed 1/21/15 Vivian M. v. Super. Ct. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

VIVIAN M., B259215

Petitioner, (Los Angeles County Super. Ct. No. CK91760) v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDINGS in mandate. Debra Losnick, Judge. Petition denied. Vivian Morales, in pro. per., for Petitioner. No appearance for Respondent. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, Kim Nemoy, Principal Deputy County Counsel, for Real Party in Interest. _________________________

INTRODUCTION Vivian M., mother of Naomi G. (age 3), petitions for extraordinary writ review (Welf. & Inst. Code, § 366.26, subd. (l);1 Cal. Rules of Court, rule 8.450) challenging the juvenile court’s ruling denying her petition to modify (§ 388) the order terminating reunification services and scheduling the selection and implementation hearing (§ 366.26). We deny the writ. FACTUAL AND PROCEDURAL BACKGROUND 1. Mother’s background Mother has a longstanding history of severe alcohol abuse. In early 2011, a hospital found she had very high levels of alcohol in her system and was pregnant. Mother had left Naomi with the child’s maternal uncle who sexually abused his stepdaughters. Mother agreed with the Department of Children and Family Services (the Department) to a voluntary maintenance plan of random alcohol testing and outpatient treatment, among other things. Instead, the Department discovered in February 2012 that mother failed to comply, continued to drink and panhandle with Naomi in her arms, and had disappeared. The Department removed the child from mother’s care. Naomi was eight months old. Since 1994, the Department has received numerous referrals involving mother’s physical and emotional abuse and neglect of Naomi’s older siblings.2 The Department discerned a “nexus” between “mother’s continued problem with substance abuse and a preponderance of General Neglect referrals.” Mother admitted she drank heavily. She started drinking in 1995. She claimed she became sober in 2005 but relapsed in late 2011.3