D.-S. v. Superior Court CA5

Filed 12/9/20 D.-S. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

MARIA D.-S., F081898 Petitioner, (Super. Ct. No. 20JP-00041-A) v.

THE SUPERIOR COURT OF MERCED OPINION COUNTY,

Respondent;

MERCED COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Brian L. McCabe, Judge. Maria D.-S., in pro. per., for Petitioner. No appearance for Respondent. Forrest W. Hansen, County Counsel, and Jennifer Trimble, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Maria D.-S. (mother) seeks extraordinary writ relief (Cal. Rules of Court, rule 8.452),1 in propria persona, from the juvenile court’s orders issued at a contested jurisdictional/dispositional hearing on October 15, 2020, denying her reunification services (Welf. & Inst. Code, § 361.5, subd. (b)(3) & (7))2 and setting a January 28, 2021 section 366.26 hearing as to her now seven-month-old son, E.D.-S. (the baby). We conclude her petition fails to comport with the procedural requirements of rule 8.452 and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY The baby was taken into protective custody at birth in April 2020 by the Merced County Human Services Agency (agency) because of mother’s extensive history of child abuse and neglect involving her then eight-year-old adoptive daughter, A.D.-S. (the daughter). Though mother was provided mental health counseling and parenting education, her daughter was removed from her custody multiple times, most recently in February 2020 for physical abuse and neglect. The whereabouts of the baby’s alleged father were initially unknown. The baby was placed with a relative. Mother stated her daughter was a “ ‘special needs child’ ” whom she believed suffered from severe mental illness and who made false reports about her. However, the daughter was evaluated in the emergency room after the agency removed her in February 2020. She said mother hit her with a “ ‘chancla’ ”3 because she took five cookies without permission. The examining physician documented multiple bruises in different stages of healing and diagnosed the bruising as child abuse. The agency filed a dependency petition on the baby’s behalf, alleging mother’s pattern of abusing and neglecting her daughter placed the baby at a substantial risk of