A.A. v. Superior Court CA5

Filed 11/23/20 A.A. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

A.A., F081619 Petitioner, (Super. Ct. No. JV8116) v.

THE SUPERIOR COURT OF TUOLUMNE OPINION COUNTY,

Respondent;

TUOLUMNE COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Frank Dougherty, Judge. (Retired Judge of the Merced County Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Tuolumne County Office of Conflict Counsel and Carolyn Woodall for Petitioner. No appearance for Respondent. Sarah Carrillo, County Counsel, and Maria Sullivan, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Detjen, Acting P.J., Franson, J. and DeSantos, J.

Petitioner, A.A. (mother), seeks an extraordinary writ (Cal. Rules of Court, rules 8.450–8.452) from the juvenile court’s orders issued at a contested dispositional hearing in August 2020 denying her reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(10)1 and setting a section 366.26 hearing on December 8, 2020, as to her now one-year-old daughter, Emma.2 Subdivision (b)(10) of section 361.5 applies when the parent failed to reunify with a sibling and to make reasonable efforts to remedy the problem requiring the sibling’s removal. Mother failed to reunify with Emma’s brothers in May 2020 when the court terminated her reunification services. She contends the court misapplied the statute by evaluating her efforts after reunification services were terminated rather than after the siblings were removed. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Emma was born in November 2019, while mother was attempting to reunify with Emma’s brothers, then six-year-old Christopher, four-year-old Joseph and two-year-old Jonathan (the brothers). Mother had received nearly a year of reunification services and a 12-month review hearing was scheduled for December 2019. The brothers were taken into protective custody in November 2018 by the Tuolumne County Department of Social Services (department) after then three-year-old Joseph was found by law enforcement wandering down a road wearing only a soiled diaper. He had been missing for approximately one hour and no one from the family reported him missing. Law enforcement returned Joseph to the home of his maternal grandmother, C.B., where he lived with Christopher and C.B.’s 12- and 18-year-old daughters and 15-year-old son. Law enforcement observed the home was unsafe and