B.A. v. Superior Court CA5

Filed 9/16/22 B.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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

B.A., F084610 Petitioner, (Super. Ct. Nos. 19CEJ300296-1, v. 19CEJ300296-2, 19CEJ300296-3)

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. Elizabeth Egan, Judge. Olga Saito for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Carlie Flaugher, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

9.

B.A. (mother) seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s orders issued at a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))2 terminating her reunification services and setting a section 366.26 hearing for October 12, 2022, as to her now six-year-old son, Mark, Jr., three-year-old daughter, J.A., and two-year-old son, Jose A. Mother contends the juvenile court erred in finding the Fresno County Department of Social Services (department) provided her reasonable reunification services. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Removal and Services In April 2021, a sheriff’s deputy placed a protective hold on then five-year-old Mark, Jr., 19-month-old J.A., and nine-month-old Jose because mother was using marijuana and cocaine, neglecting the children’s medical needs, and engaging in domestic violence with Mark A., Mark, Jr.’s presumed father, in the children’s presence. The department considered Mark to be the alleged father of the younger children. The children were placed together in foster care. The juvenile court ordered the children detained, offered mother parenting classes, substance abuse, mental health and domestic violence assessments, and random drug testing. The court offered Mark the same services as to Mark, Jr., and ordered reasonable supervised visits for the parents. At the jurisdictional/dispositional hearing on May 10, 2021, the court exercised its dependency jurisdiction and ordered the parents to complete the services previously offered as a reunification services plan. The court set the six-month review hearing for November 8, 2021. In September 2021, mother gave birth to Mia and named Jesus A. as the father. The department was unaware mother was pregnant.