Donna E. v. Superior Court CA5

Filed 8/28/15 Donna E. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DONNA E., F071668 Petitioner, (Super. Ct. No. 03CEJ300061-5) v.

THE SUPERIOR COURT OF FRESNO OPINION COUNTY,

Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDING; petition for extraordinary writ review. Kimberly J. Nystrom-Geist, Judge. Katherine Fogarty for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and David F. Rodriguez, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Donna E. seeks extraordinary writ relief from the juvenile court’s May 22, 2015 dispositional order removing her then 11-year-old son Johnny and eight-year-old daughter Jayden from her custody and setting a Welfare and Institutions Code section 366.26 hearing1 to implement a permanent plan of legal guardianship. Donna contends there was insufficient evidence to support the removal order. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY On December 3, 2014, the Fresno County Department of Social Services (department) received a call from the Fresno Rescue Mission (Mission) that Donna and Jose, Donna’s boyfriend of 18 years, were there with their then 11-year-old son, Johnny, and eight-year-old daughter, Jayden, and that Jayden was throwing up and smelled like “‘poop.’” Donna said Jayden had been throwing up and soiling herself for two days. The family was homeless and had been at the Mission on November 28, 2014, and were provided clean clothing for the children. The family left because there was no room for them and they moved from place to place over the next five days, returning to the Mission twice during that time. They were offered resources at the Mission but refused them. When the family returned to the Mission on December 3, 2014, the children were wearing the clothes they were given five days before and had urinated and defecated in them because they did not have access to bathrooms. Jose and Donna stated they had been homeless for approximately one month and the children had not attended school since Thanksgiving. They also disclosed that they used methamphetamine. Donna used the drug a week before and Jose a week before that. Jose said his use was a relapse and he had not used methamphetamine since 2003. Emergency response social worker Kim Ramirez contacted the maternal grandmother (the grandmother) to see if she could take care of the children. The