Jordan W. v. Superior Ct. CA5

Filed 4/1/21 Jordan W. v. Superior Ct. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JORDAN W. F082126 Petitioner, (Super. Ct. No. JD138756-00) v.

THE SUPERIOR COURT OF KERN COUNTY, OPINION Respondent;

KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Raymonda B. Marquez, Judge. Jordan W., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Franson, Acting P.J., Meehan, J. and Snauffer, J.

In a petition for extraordinary writ, Jordan W. (mother) challenges the juvenile court’s order made at the disposition hearing and setting the matter for a hearing under Welfare and Institutions Code section 366.26. We deny the petition. FACTUAL AND PROCEDURAL HISTORY1 In July of 2018, law enforcement responded to a call of an unresponsive two-year- old, Ayden. Ayden was transported to the hospital, mother taken into custody, and six- month-old Axel was placed into protective custody. Ayden’s injuries, which included bruising on his cheek and forehead, bite marks, hemorrhaging in the eye, and a torn and actively bleeding anus, were determined to be “nonaccidental” and he was declared brain dead. The autopsy ruled the method of death was a homicide and mother, who admitted to biting Ayden, was ultimately charged with second-degree murder, willful cruelty to a child, and great bodily injury to a child under the age of five. The section 300 petition alleged Axel was at serious risk of harm due to the non- accidental physical harm inflicted on Ayden, resulting in his death. It was also alleged that mother failed to adequately care for Axel due to her mental illness and substance abuse. Axel was detained and at disposition, finally held on December 8, 2020, mother was denied reunification services, Axel removed from her care, and a section 366.26 hearing set for April 7, 2021. DISCUSSION Mother contends she was not able to complete her case plan because she was in custody awaiting trial on her criminal case. Mother’s complaint is that the social worker failed to investigate the possibility of maternal grandmother having custody of Axel. Respondent filed a letter requesting dismissal of the petition as “the petition does not appear to make any legally cognizable argument.” Respondent is correct.