T.W. v. Super. Court CA5

Filed 10/8/15 T.W. v. Super. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

T.W., F072006 Petitioner, (Super. Ct. No. 0076584-5) 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. Mary Dolas, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Hallie Saroba Ambriz, 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 Levy, Acting P.J., Kane, J. and Franson, J.

Petitioner T.W. is the mother of four-year-old E.T., the subject of this writ petition. After exercising its dependency jurisdiction over E.T, the juvenile court denied T.W. (mother) reunification services but provided 12 months of services to E.T.’s father, Albert. At a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f)),1 the juvenile court terminated Albert’s reunification services and set a section 366.26 hearing. Mother contends the juvenile court erred in not placing E.T. in Albert’s custody and in terminating Albert’s reunification services. We assume that mother has standing and deny the petition.2 PROCEDURAL AND FACTUAL SUMMARY In April 2014, the Fresno County Department of Social Services (department) physically removed then two-year-old E.T. from mother’s custody after mother was arrested for prostitution and E.T. was found alone and asleep in a motel room. Mother identified Albert as E.T.’s father. Albert stated he took care of E.T. for 10 months while mother was incarcerated and intermittently for approximately one year when she would unexpectedly drop E.T. off at his home. He had custody of his three children (“Albert’s children”) from another relationship but said he would also take custody of E.T. Albert’s children appeared to be very healthy and attached to him. They were well-disciplined and the oldest (eight years old) received good grades in school. Albert disclosed that he used medicinal marijuana for an injury sustained during a motorcycle accident. The juvenile court ordered E.T. detained and the department placed her in foster care. The department recommended the juvenile court deny mother reunification services and grant Albert sole physical and legal custody of E.T. However, the department