Ashley C. v. Super. Ct. CA4/3

Filed 3/25/13 Ashley C. v. Super. Ct. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

ASHLEY C.,

Petitioner,

v.

THE SUPERIOR COURT OF ORANGE G047931 COUNTY, (Super. Ct. No. DP-023119) Respondent; OPINION ORANGE COUNTY SOCIAL SERVICES AGENCY et al.,

Real Parties in Interest.

Original proceedings; petition for a writ of mandate/prohibition to challenge an order of the Superior Court of Orange County, Richard Y. Lee, Judge. Petition denied. Juvenile Defenders and Christine Marcos for Petitioner. No appearance for Respondent.

Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Aurelio Torre, Deputy County Counsel, for Real Party in Interest Orange County Social Services Agency. * * * M.L. was born in October 2012. Her mother, petitioner Ashley C., had taken methamphetamine the day before, so M.L. was born with methamphetamine in her system. Two days after her birth, M.L. was detained by the Orange County Social Services Agency, and by October 10 the agency had filed a petition to declare M.L. a dependent of the juvenile court. Coincidentally, October 10, 2012 was also the day scheduled for the termination of Ashley’s parental rights in her two previous children, O.P., then age 8, and S.L., then age 2, pursuant to section 366.26 of the Welfare and Institutions Code. 1 The juvenile court had already terminated reunification services for Ashley vis-à-vis both kids the previous June. While termination apparently did not actually occur on October 10, we may take judicial notice that Ashley’s parental rights to at least S.L, and evidently to O.P. also, were subsequently terminated.2 A detention hearing concerning M.L. was held the next day, October 11. The court ordered Ashley receive no visitation until she cleared certain warrants, apparently related to driving while intoxicated and driving with a suspended license. Upon clearing the warrants, however, she was to have monitored visitation with M.L., two times a week, for two hours per visit. On October 26, M.L. was placed with the father’s cousin as caretaker. By early November Ashley’s warrants had not been resolved, i.e., she had no visitation. However, sometime between early November 2012 and January 2, 2013,