S.B. v. Superior Court CA5

Filed 3/5/13 S.B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.B. et al., F066180 Petitioners, (Super. Ct. No. 516238) v.

THE SUPERIOR COURT OF STANISLAUS COUNTY, OPINION Respondent;

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Ann A. Ameral, Judge. Nadine Salim, for Petitioner S.B. Alistair Sheaffer, for Petitioner T.W. No appearance for Respondent. John P. Doering, County Counsel, and Maria Elena Ratliff, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Petitioners Terry (father) and S.B. (mother) seek an extraordinary writ (Cal. Rules of Court, rule 8.452) from the juvenile court’s orders issued at a contested six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 terminating their reunification services and setting a section 366.26 hearing as to their one-year-old son, T.W. Father and mother contend they did not receive reasonable reunification services. Therefore, they further contend, the juvenile court erred in terminating their reunification services and setting a section 366.26 hearing. We disagree and deny the petition. PROCEDURAL AND FACTUAL SUMMARY In mid-February 2012, mother gave birth to a son, T.W., the subject of this writ petition. During the pregnancy, mother regularly consumed alcohol and had syphilis, which she did not successfully treat. As a result, T.W. required intensive treatment for a variety of medical complications. However, mother and father did not appear to understand the severity of his medical problems. According to the hospital social worker, Tracy Kemp, they appeared delayed in their presentation and their responses seemed scattered and unclear. In addition, when the hospital staff expressed concern about T.W.’s condition, mother and father stated that “their baby was fine.” Kemp contacted the Stanislaus County Community Services Agency (agency) and emergency social worker Jorge Garcia met with mother and father at the hospital. They denied having any substance abuse problems or any criminal history. Mother disclosed, however, that four of her children were removed from her care in Sacramento County because her home was dirty and the children were eating off of the floor. In fact, mother’s children were taken into protective custody in part because of her substance abuse. She was provided 12 months of reunification services but failed to complete them. In addition, mother has a criminal history of property crimes and disorderly conduct and father has a history of burglary, grand theft, false imprisonment and battery. In addition,