C.M. v. Superior Court CA5

Filed 5/13/21 C.M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

C.M., F082422 Petitioner, (Super. Ct. No. JJV073194A) v.

THE SUPERIOR COURT OF TULARE OPINION COUNTY,

Respondent;

TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Hugo J. Loza, Judge. C.M., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Peña, Acting P.J., Smith, J. and Snauffer, J.

Petitioner, C.M. (mother), seeks an extraordinary writ from the juvenile court’s order setting a Welfare and Institutions Code section 366.26 hearing1 as to her now eight- year-old daughter, A.M. Mother does not challenge the court’s rulings but states her preference that A.M. be placed with one of the maternal grandparents. We conclude mother’s petition fails to comport with the procedural requirements of California Rules of Court, rule 8.4522 regarding extraordinary writ petitions and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY Seven-year-old A.M. was removed from the custody of her legal guardian, Helen R., in October 2020 and placed with a nonrelative extended family member after she cut herself with a piece of glass. She had been in Helen’s care since she was six months old. She also made suicidal threats, stating she wanted to kill herself with a knife. A.M. did not believe Helen loved her and Helen did not think she could give A.M. the attention she needed. A.M. was receiving mental health services and being assessed for psychotropic medication. Mother was notified of A.M.’s removal and expressed an interest in regaining custody of her. A.M.’s father was deceased. In January 2021, the juvenile court adjudged A.M. a dependent child under section 300, subdivisions (c) (serious emotional damage) and (g) (no provision for support) and terminated the legal guardianship. Mother was in jail, having been arrested the previous month. The court continued the dispositional hearing to February 9, 2021. The agency recommended the juvenile court deny mother reunification services because she was incarcerated with no release date. (§ 361.5, subd. (e)(1).) In addition, A.M. did not want to visit mother even before the guardianship was terminated and mother had not been a consistent figure in her life. Therefore, providing mother services