S.J. v. Superior Court CA5

Filed 4/19/23 S.J. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.J.,

Petitioner,

v. F085623

THE SUPERIOR COURT OF KINGS (Super. Ct. Nos. 21JD0157, 21JD0158) COUNTY,

Respondent; OPINION KINGS COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* APPEAL from orders of the Superior Court of Kings County. Jennifer Lee Giuliani, Judge. S.J., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

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

Petitioner S.J., former foster parent, prospective adoptive parent1 and paternal great-aunt for now three-year-old C.R. and two-year-old N.R. (the children), brings this petition for an extraordinary writ under Welfare and Institutions Code section 366.28,2 in propria persona, challenging the juvenile court’s finding that removing the children from her custody served the children’s best interests. (§ 366.26, subd. (n)(3)(B).) She contends the court’s decision to remove the children was based on inconclusive allegations and it was in their best interests to remain in her custody since she is a family member. Real party in interest did not file a response. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY The children were taken into protective custody in September 2021 and petitioner obtained emergency approval for placement. Petitioner was an approved resource family home in Kings County from December 2014 to November 2016. She was relicensed in December 2021 in order to obtain placement of the children. In August 2022, parental rights were terminated and petitioner was reportedly committed to adopting the children. However, beginning in October 2022, the Kings County Human Services Agency (agency) began to receive multiple emergency response referrals regarding physical discipline, substance use by other individuals in the home, the condition of the home and petitioner making inappropriate childcare arrangements. On November 22, 2022, the agency went to petitioner’s home in response to a report of inappropriate discipline. Petitioner was not home and the children were being supervised outside by two adult children who were smoking marijuana. Petitioner was aware of the licensing regulations