T.A. v. Superior Court CA5

Filed 5/24/21 T.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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

T.A., F082362 Petitioner, (Super. Ct. No. JD141063-00) 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 review. Marcos R. Camacho, Judge. Steven L. Bynum for Petitioner. No appearance for Respondent. Margo A. Raison, County Counsel, and Jennifer E. Feige, Deputy County Counsel, for Real Party in Interest.

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

-ooOoo- Petitioner, T.A. (mother), seeks an extraordinary writ from the juvenile court’s orders denying her reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(10) and (11)1 and setting a section 366.26 hearing as to her now 11-month-old daughter, S.A. Subdivision (b)(10) and (11) of section 361.5 apply to a parent whose reunification services and parental rights to a sibling were terminated and the parent failed to make subsequent reasonable efforts to treat the problem requiring the sibling’s removal. Mother contends the juvenile court erred in denying her reunification services because substantial evidence supported a finding that she made subsequent reasonable efforts. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY At the time these dependency proceedings were initiated in June 2020, mother had nine minor children,2 including S.A. (the baby), none of whom were in her custody. David is the father of her three youngest children. Dependency proceedings were initiated when the Kern County Department of Human Services (department) was notified mother gave birth to the baby. Mother tested negative for drugs and was bonding with the baby. However, she had recently failed to reunify with four of her other children and a section 366.26 hearing was then scheduled for August 2020. The precipitating event occurred in April 2018 when mother assaulted David in the shower. They physically fought and fell on the bed where one of the children was laying. The child received a large scratch on her inner thigh and David was arrested. There were domestic violence incidents prior to that in which David broke a front window of the residence and kicked in the front door. On one occasion, mother struck him in the head with a wrench. Mother and David were ordered to participate in