Ruby W. v. Superior Court CA5

Filed 7/7/15 Ruby W. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RUBY W., F071270 Petitioner, (Super. Ct. Nos. 516765, 516766) v.

THE SUPERIOR COURT OF STANISLAUS OPINION COUNTY,

Respondent;

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDING; petition for extraordinary writ review. Ann Q. Ameral, Judge. Robert D. Chase 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 Levy, Acting P.J., Gomes, J. and Peña, J.

Ruby W. seeks extraordinary writ relief from the juvenile court’s orders issued at a contested 18-month review hearing (Welf. & Inst. Code, § 366.22, subd. (a))1 terminating her reunification services and setting a Welfare and Institutions Code section 366.26 hearing as to her adopted sons, seven-year-old G.W. and four-year-old X.W. She contends the Stanislaus County Community Services Agency did not provide her reasonable reunification services. She further contends her trial attorney was ineffective for failing to challenge the reasonableness of services at the 12-month review hearing or by direct appeal. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Ruby is the biological great-grandmother of G.W. and X.W. She adopted them in 2012, because their biological mother, Laura, was drug-addicted and in and out of jail. On August 22, 2013, Officer England of the Ceres Police Department responded to a report that a woman, approximately 70 years old, was in Walmart with a small child who appeared to have been physically abused. Officer England located Ruby in the store pushing then two-year-old X.W. in a shopping cart. X.W. had significant injuries on his face and head, including numerous bruises, two black eyes, a split lip, a large welt on his forehead and other marks on the top of his head and forehead. Ruby told Officer England her grandson, Michael, and his girlfriend, Tara, had been staying at her house for approximately one month. Laura had been staying there for two or three days. Michael and Laura have criminal histories that involve charges and convictions for drug possession and violent offenses. Ruby said that on the day before, X.W. and G.W. were outside in the backyard playing. Michael and Tara were also in the backyard. Ruby went outside to check on X.W. and he started to run toward her. He slipped in the soft dirt and fell into the side of