Kimberly B. v. Super. Ct. CA5

Filed 10/27/15 Kimberly B. v. Super. Ct. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

KIMBERLY B., F072063 Petitioner, (Super. Ct. No. 14CEJ300132) 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. Brian M. Arax, Judge. Elizabeth Diaz, Public Defender, and Cheryl Kay Turner, 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 Detjen, Acting P. J., Franson, J. and Peña, J.

Kimberly B. seeks extraordinary writ review of the juvenile court’s orders issued at a combined six- and 12-month review hearing (Welf. & Inst. Code, § 366.21, subds. (e) & (f))1 terminating her reunification services and setting a section 366.26 hearing as to her 15- and 13-year-old daughters M. and B. respectively. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In April 2014, the Fresno County Department of Social Services (department) took then 13-year-old M. and 12-year-old B. into protective custody after M. disclosed that Kimberly’s husband, Michael, sexually abused her and B. for over a year and that Kimberly knew but did not believe it. The girls also reported seeing Kimberly and Michael engage in domestic violence. The girls’ presumed father was deceased. A detective investigating the sexual abuse allegations stated that Michael was on felony probation for carjacking and had a violent criminal past, including attempted murder and assault with a firearm on a peace officer. The detective also stated that Kimberly was very hostile, called the girls “liars” and accused them of trying to break up her marriage. Michael was arrested and charged with lewd and lascivious acts with a child (Pen. Code, § 288). He remained incarcerated and his case advanced to trial during these dependency proceedings. Kimberly and her family supported Michael. They attended his criminal hearings and sat near his mother in the courtroom. In addition, there was speculation that Kimberly’s father retained private counsel for Michael and paid his legal fees. The juvenile court ordered M. and B. detained and offered Kimberly parenting classes and mental health and domestic violence treatment. The court also ordered reasonable supervised visits.