R.L. v. Superior Court CA5

Filed 8/25/16 R.L. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.L., F073833 Petitioner, (Super. Ct. No. 14CEJ300350-1-6) 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. Gary Green, Commissioner. R.L., in pro. per., for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Brent C. Woodward, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

R.L. (mother) in propria persona seeks an extraordinary writ from the juvenile court’s orders terminating her reunification services at a six- and 12-month review hearing and setting a Welfare and Institutions Code section 366.261 hearing as to her four youngest children; an 11-year-old son K.L., an eight-year-old daughter A.F. and three- year-old twin son and daughter (“the twins”). Mother asks this court to reconsider the evidence and to direct the juvenile court to either return the children to her custody or continue reunification services. We conclude her petition fails to comport with the procedural requirements of California Rules of Court, rule 8.4522 and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY Mother has seven children; three sons, now 15-year-old R.W., 14-year-old L.W. and 13-year-old I.W. and the four subjects of this writ petition. Robert W. (Robert) is the father of R.W., L.W. and I.W. Tyrell F. (Tyrell) is A.F.’s father and Kenneth L. (Kenneth) is the father of K.L. and the twins. At the time of these proceedings, Kenneth lived with mother and the children, Robert was in state prison and Tyrell’s whereabouts were initially unknown. In December 2014, then 13-year-old R.W. walked into the police department and confessed to sodomizing his six-year-old sister A.F. in November 2014. A.F. told mother about the abuse the day after it happened but mother did not take any steps to protect her. Four days later, a female cousin spent the night at the family home. R.W. sexually abused her as well. R.W. stated that he sexually abused A.F. because Tyrell sexually abused him in 2009. R.W. described five incidents in which Tyrell either attempted or succeeded in sodomizing him.