In re R.C. CA1/3

Filed 6/1/21 In re R.C. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re R.C., a Person Coming Under the Juvenile Court Law.

SONOMA COUNTY HUMAN SERVICES DEPARTMENT, Plaintiff and A161821 Respondent, v. (Sonoma County Super. Ct. No. DEP5631) I.P., Defendant and Appellant.

MEMORANDUM OPINION1 Isabel P. (Mother) petitions this court for extraordinary writ review of a juvenile court order setting a selection and implementation hearing under Welfare and Institutions Code section 366.262 for her son and stepson.

We resolve this case by a memorandum opinion pursuant to 1

California Standards of Judicial Administration, section 8.1.

Further statutory citations are to the Welfare and Institutions Code. 2

References to rules are to the California Rules of Court.

1

Mother contends the Sonoma County Human Services Department (Department) failed to provide her with reasonable services before the 18- month review hearing and that the court erred when it denied her request for presumed mother status in relation to her stepson. The Department asserts the petition must be dismissed because Mother’s notice of intent to file a writ petition was untimely. We agree. Mother has not offered any excuse for her failure to comply with the mandatory time limit, so we dismiss her petition. Background The underlying facts are not relevant to our disposition. Briefly, in October 2018 the children were found to be dependents of the juvenile court based on sustained allegations of domestic violence, failure to protect, and Father’s history of substance abuse and incarceration.3 After a reunification period that extended over more than two years, at the December 30, 2020 18- month review hearing the juvenile court denied Mother’s request for presumed parent status and found reasonable services had been offered and that the children could not safely be returned to her care. The court terminated reunification services, set a section 366.26 hearing, and advised the parents’ counsel of the writ requirement. Discussion A party who seeks writ review under section 366.26, subdivision (l), must first file a notice of intent to file a writ petition. (Rule 8.450(e).) The deadline to file a notice of intent varies depending on the manner by which the filing party received notice of the order setting the section 366.26 hearing. (Rule 8.450(e)(4).) This time requirement, which ensures that writ petitions are resolved before the section 366.26 hearing occurs, is mandatory.