R.R. v. Superior Court CA5

Filed 6/6/16 R.R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

R.R., F073414 Petitioner, (Super. Ct. No. 517308) 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. Thomas P. White, under appointment by the Court of Appeal, for Petitioner. No appearance for Respondent. John P. Doering, County Counsel, and Robin Gozzo, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

R.R. (mother) seeks extraordinary writ review of the juvenile court’s orders issued at a six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 terminating her reunification services and setting a section 366.26 hearing as to her 10-month-old daughter C.R. Mother contends the juvenile court erred in terminating her reunification services. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Mother has a long history of methamphetamine use and child neglect. At the time of these proceedings, she had five older children, then ranging in age from five to seventeen years of age, who were not in her custody. Mother also has a history of aggressive and assaultive behavior. In May 2000, she was convicted of willful cruelty to a child after she smacked her then two-year-old son in the small of his back, causing severe redness. In March 2012, mother choked her then eight‑year-old daughter and pulled her hair. During the intervening years, the Stanislaus County Community Services Agency (agency) received many reports of mother’s drug use, homelessness and neglect. These dependency proceedings were initiated in July 2015 when mother gave birth prematurely to C.R., who tested positive for methamphetamine at the time of delivery. The agency took C.R. into protective custody at the hospital and placed her in foster care upon her release. C.R.’s alleged father stated he did not have stable housing and could not care for her. In August 2015, the juvenile court exercised its dependency jurisdiction, removed C.R. from mother’s custody, and approved a plan of reunification that required mother to participate in mental health, parenting and substance abuse services and weekly supervised visitation. The court set the six-month review hearing for February 2016. In September 2015, the agency filed a section 388 petition asking the juvenile court to suspend mother’s visits because mother assaulted C.R. during a visit on