In re N.G. CA5

Filed 8/12/16 In re N.G. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re N.G., a Person Coming Under the Juvenile Court Law.

MARIA G., F073229

Plaintiff and Appellant, (Stanislaus Super. Ct. No. 517203)

v. OPINION STANISLAUS COUNTY COMMUNITY SERVICES AGENCY, Defendant and Respondent.

THE COURT* APPEAL from orders of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge. David M. Meyers for Defendant and Appellant. John P. Doering County Counsel, and Carrie M. Stephens, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

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

Appellant Maria G. is the maternal great-aunt of 21-month-old N.G., a dependent of the juvenile court. Maria appeals from the juvenile court’s orders denying her modification petitions (Welf. & Inst. Code, § 388)1 requesting placement. She contends the court erred in summarily denying the first petition and in misapplying section 361.3, subdivision (a), the relative placement statute, to her second petition. She also contends the juvenile court abused its discretion in determining that it was not in N.G.’s best interest to be placed with her. We affirm. PROCEDURAL AND FACTUAL SUMMARY In January 2015, then two-month-old N.G. was removed from the custody of his teenage parents, M.M. (mother) and M.F. (father), by the Stanislaus County Community Services Agency (agency) after he sustained multiple fractures while in their care. N.G.’s pediatrician opined that his fractures were the result of non-accidental trauma. The juvenile court detained N.G. pursuant to a dependency petition and the agency placed him in foster care. In March 2015, the agency placed N.G. with his maternal great-aunt Cecilia, Maria’s sister. In May 2015, mother and father waived their right to challenge the jurisdictional findings proposed by the agency and to forego reunification services with the understanding that the juvenile court would conduct a section 366.26 hearing and place N.G. in a legal guardianship with Cecilia. Cecilia agreed that she would keep mother and father away from her home and understood that if she allowed them in her home N.G. would be removed from her care. The court sustained allegations that N.G. suffered two separate non-accidental injuries (a spiral fracture to his left femur and a left parietal skull fracture) while in the exclusive care of his parents and that the fractures required significant force or trauma and adjudged N.G. a dependent child under section 300, subdivisions (a) (serious physical harm), (b) (failure to protect) and (e) (severe physical