Karen M. v. Superior Court CA5

Filed 5/17/13 Karen M. v. Superior Court CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

KAREN M., Petitioner, F066868 v. (Super. Ct. No. 0082981-7) 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. Mary D. Dolas, Commissioner. Catarina M. Benitez, for Petitioner. No appearance for Respondent. Kevin Briggs, County Counsel, and William G. Smith, Deputy County Counsel, for Real Party in Interest. -ooOoo-

 Before Cornell, Acting P.J., Gomes, J., and Franson, J.

Karen M. seeks extraordinary writ review (Cal. Rules of Court, rule 8.452) from the juvenile court‟s orders issued at a contested dispositional hearing denying her reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(10), (11) and (13)1 and setting a section 366.26 hearing as to her seven-month-old daughter, N.B. Karen contends there is insufficient evidence to support the dispositional order denying her reunification services. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Karen is a 34-year-old woman with a long history of drug abuse and numerous criminal convictions. She has given birth to seven children, including N.B., the subject of this petition. None of the children are in her custody and the six eldest have been adopted. Because Karen‟s child welfare history is germane, we begin our factual summary there. In 1995, Karen‟s first child, a daughter, A., was removed at birth because of Karen‟s drug use (cocaine and marijuana). In 1997, Karen entered residential drug treatment but was discharged after three days for using cocaine. The juvenile court terminated reunification services and in 1999, A. was adopted. In December 2002, Karen gave birth to a son, E., while she was incarcerated in state prison on a parole violation. She was ordered to complete a substance abuse assessment and submit to random drug testing. She was released from prison in March 2003 and within five days tested positive for marijuana. She was arrested in April 2003 and unable to complete her services. The juvenile court terminated her reunification services and E. was adopted.