Laura M. v. Superior Court CA5

Filed 9/11/15 Laura M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LAURA M., F071793 Petitioner, (Super. Ct. Nos. JJV066795A, v. JJV066795B)

THE SUPERIOR COURT OF TULARE COUNTY, OPINION Respondent;

TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDING; petition for writ of mandate. Michael B. Sheltzer, Judge. Laura M., in pro. per. for Petitioner. No appearance for Respondent. Kathleen Bales-Lange, County Counsel, and Abel C. Martinez, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Smith, J.

Laura M. is the great-great maternal aunt and former prospective adoptive mother of four-year-old Jordan and two-year-old Fabian, the subjects of this writ petition. In April 2015, the Tulare County Health and Human Services Agency removed the children from Laura’s custody. Laura objected to the children’s removal and requested the superior court’s review. The superior court, acting as the juvenile court, found it would be in the children’s best interest to remove them from Laura’s custody and so ordered. Laura in propria persona seeks writ review (Welf. & Inst. Code, § 366.28)1 of the juvenile court’s decision. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In February 2013, the Tulare County Health and Human Services Agency (agency) removed then 18-month-old Jordan and newborn Fabian from their mother D.M. (hereafter “the mother”) after she and Fabian tested positive for methamphetamine and opiates. In addition, the home in which the mother lived with Jordan was dirty and hazardous. There was exposed plumbing and electrical wiring on the floor accessible to Jordan and there was a drug pipe in Jordan’s backpack. The agency placed the children in foster care. The juvenile court appointed a court-appointed special advocate (CASA) for the children, exercised its dependency jurisdiction over them, and provided the mother 12 months of reunification services. However, the mother did not comply. Consequently, in March 2014, the juvenile court terminated her reunification services and set a section 366.26 hearing. Meanwhile, in June 2013, the agency placed the children with Laura and her husband. In its report for the section 366.26 hearing, the agency informed the juvenile court that Laura and her husband were committed to adopting Jordan and Fabian. The children looked to them to meet their needs and called them “mom” and “dad.” The agency