S.D. v. Superior Court CA5

Filed 7/14/22 S.D. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

S.D., F084249 Petitioner, (Super. Ct. Nos. 21CEJ300165-1, v. 21CEJ300165-2, 21CEJ300165-3)

THE SUPERIOR COURT OF FRESNO COUNTY, OPINION Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Kimberly Nystrom-Geist, Judge. S.D., in pro. per., for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Poochigian, Acting P. J., Peña, J. and Meehan, J.

Petitioner S.D. (mother) seeks an extraordinary writ from the juvenile court’s dispositional orders denying her reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(6)1 (severe physical harm) as to her six-year-old daughter, Brooklyn D., three-year-old son, B.D., and 21-month-old daughter, L.D., and setting a section 366.26 hearing for August 4, 2022. Mother asks this court to vacate the section 366.26 hearing and order reunification services or return the children to her custody and terminate dependency jurisdiction. We conclude mother’s writ petition fails to comply with the content requirements of California Rules of Court, rule 8.4522 and dismiss it as facially inadequate for review. PROCEDURAL AND FACTUAL SUMMARY In May 2021, the Fresno County Department of Social Services (department) took then five-year-old Brooklyn, two-year-old B.D. and seven-month-old L.D. into protective custody out of concern for their physical safety. Mother has a significant history of physically abusing her children. In 2005, mother hit her then eight-year-old daughter, L.A., with a stick and belt and held her on the stove causing bruises and blisters. L.A. was admitted to the hospital. Coached by mother, L.A. accused her father of injuring her but later recanted and said mother did it. Mother was arrested, convicted for the abuse, and served seven years in prison. In 2017 and 2019, the department began to receive referrals mother exposed Brooklyn to domestic violence. In late 2019, Tulare County received reports of mother punching her teenage daughter, M.G., in the face and back, throwing her to the floor, pulling out chunks of her hair and hitting her in the head, causing her to lose consciousness. She was placed with her stepfather. In 2020, the department responded to a report that Brooklyn had a large bump and scratches on the right side of her forehead. Brooklyn stated several