M.C. v. Superior Court CA5

Filed 8/7/23 M.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

M.C., F086195 Petitioner, (Super. Ct. Nos. JJV072550D, v. JJV072550E)

THE SUPERIOR COURT OF TULARE COUNTY, OPINION Respondent;

TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Sylvia J. Hanna, Judge. Maria C., in pro per., for Petitioner. No appearance for Respondent. Jennifer M. Flores, County Counsel, and Carol E. Helding, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Hill, P. J., Franson, J. and Peña, J.

1

Petitioner Maria C. (mother), in propria persona, seeks an extraordinary writ from the juvenile court’s order issued at a postpermanency review hearing (Welf. & Inst. Code, § 366.3)1 setting a section 366.26 hearing as to her children, now eight-year-old A.C. and seven-year-old S.C. (collectively “the children”). We deny the petition. FACTUAL AND PROCEDURAL SUMMARY In September 2019, real party in interest, the Tulare County Health and Human Services Agency (agency), filed an original petition alleging the children and four of their siblings were at risk due to their parents’ substance abuse. At the jurisdiction and disposition hearing held in November 2019, the juvenile court exercised dependency jurisdiction over the children and ordered mother to complete a family maintenance plan. Mother tested positive for amphetamines during her family maintenance plan, and the children and their siblings were detained in May 2020. The agency filed a supplemental petition pursuant to section 387, which alleged mother’s family maintenance services were not effective in protecting the children and their siblings. A family reunification case plan was ordered at a contested jurisdiction and disposition hearing on the supplemental petition in August 2020. During the family reunification period, mother gave birth to another child, who was exposed to drugs. The agency filed a section 388 petition to terminate mother’s family reunification services after she tested positive for amphetamines in December 2020 and January 2021. At a combined six-month review and section 388 hearing, the juvenile court terminated mother’s family reunification services and set a section 366.26 hearing for June 10, 2021. The report for the section 366.26 hearing recommended that the children be ordered a permanent plan of placement in foster care with a goal of adoption with a