J.L. v. Super. Ct. CA2/6

Filed 5/20/15 J.L. v. Super. Ct. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

J.L., 2d Civil No. B260933 (Super. Ct. No. J070107, J070108, Petitioner, J070109, J070110) (Ventura County) v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent;

VENTURA COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

J.L. (Mother) has filed an extraordinary writ petition to set aside orders of the juvenile court sustaining juvenile dependency petitions (Welf. & Inst. Code, § 300),1 bypassing reunification services (§ 361.5, subd. (b)(6)), and setting a section 366.26 hearing. Her children, A.F., C.G., L.L. and W.L., are dependent children coming under the juvenile court law. We conclude, among other things, that Mother has not shown that she received ineffective assistance from her counsel. The petition is denied.

1 All statutory references are to the Welfare and Institutions Code unless otherwise stated.

FACTS Mother has four young children, A.F., C.G., L.L. and W.L. The Ventura County Human Services Agency (HSA) filed a juvenile dependency petition alleging she "failed to protect" her young son A.F. "from the violent behavior" of Cody G. who is Mother's boyfriend. It also filed juvenile dependency petitions involving her other three children. In a report to the juvenile court, HSA said Cody G. is "an alleged father of" C.G., L.L., W.L. In April 2011, Mother told the sheriff's department that she had been living with Cody G. who had physically assaulted her. She said he also had physically assaulted her in four prior incidents. In an incident report, a sheriff's deputy said Mother "did not want to report the incidents, and thought she could just 'sweep it under the rug.'" The Ventura County Superior Court issued a restraining order prohibiting Cody G. to be within 100 yards of Mother and A.F. In December 2011, Mother filed an application for a restraining order. She said Cody G. had choked her and had "violently grab[bed]" A.F., her five-year-old son. She said she feared for her life and her "children's" lives. Mother was 16 weeks pregnant at the time of this incident. Mother subsequently moved to Oregon. She allowed Cody G. to move in with her and her children. In March 2013, Cody G. punched A.F. multiple times "in the groin." He also hit the child on the left side of his face and other parts of his body. A police officer saw red marks on A.F.'s face. There were also marks on his neck and shoulders. His genital area was "black and blue from the beating." The child was taken to the hospital. Photographs of the child showed injuries to various parts of his body. The Oregon Department of Human Services stated the child had "significant bruising to his penis, scrotum and legs." Mother told a law enforcement officer that 10 days before the attack on A.F., Cody G. had "grabbed her by the arm, pushed her to the ground and held her