J.People v. Superior Court CA5

Filed 8/19/22 J.P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

J.P. , F084492 Petitioner, (Super. Ct. No. 21CEJ300088-1) v.

THE SUPERIOR COURT OF FRESNO OPINION COUNTY,

Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT * ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Elizabeth Egan, Judge. Juvenile Law Center and Olga B. Saito for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Sharise Grote, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

J.P. (mother) seeks an extraordinary writ (Cal. Rules of Court, rule 8.452) from the juvenile court’s orders issued at the contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f)(1))1 terminating reunification services and setting a section 366.26 hearing for September 26, 2022, as to her now six-year-old daughter, N.P. Mother contends the juvenile court erred in finding that the Fresno County Department of Social Services (department) provided her reasonable reunification services and there was not a substantial probability N.P. could be returned to her custody on or before the 18-month review hearing. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Detention and Removal In March 2021, then five-year-old N.P. was living with mother who had primary custody. N.P.’s father, G.P. (father), had weekend visits. On March 6, 2021, father told the police that N.P. disclosed that her seven-year-old male cousin (minor cousin) digitally penetrated her vagina while they showered at mother’s home. Father also reported that N.P. arrived at his home every week with scratches and bruises. She also had a bite mark on her upper thigh. The police placed a protective hold on N.P. at father’s home, contacted the department and began making arrangements for a forensic interview. While there, the police found a warrant for father’s arrest out of another county for domestic violence but were unable to serve it because he barricaded himself inside his home and fled through the back window. The investigating social worker observed that N.P. had scabs on her legs and some bruises on her right leg which were purple in color. She also had bruising on her knee and thigh the size of a nickel, and there was what appeared to be a bite mark the size of a child’s mouth. N.P. said she was bitten by another child who lived where her mother