K.L. v. Superior Court CA5

Filed 11/3/23 K.L. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

K.L. et al., F086669, F086680 Petitioners, (Super. Ct. No. JD144326-00) v.

THE SUPERIOR COURT OF KERN COUNTY, OPINION Respondent;

KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petitions for extraordinary writ. Susan M. Gill, Judge. K.L., in pro. per., for Petitioner. C.L., in pro. per., for Petitioner. No appearance for Respondent. Margo A. Raison, County Counsel, and Jennifer E. Feige, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Levy, Acting P. J., Peña, J. and Snauffer, J.

Petitioners K.L. (mother) and C.L. (father), in propria persona, seek extraordinary writs (Cal. Rules of Court, rules 8.450–8.452)1 from the juvenile court’s orders issued at a contested disposition hearing bypassing them for reunification services pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(6)2 (sexual abuse) and setting a section 366.26 hearing as to their daughter S.L. (born September 2006). Mother and father seek writs directing the juvenile court to vacate the section 366.26 hearing, and order reunification services or return S.L. to their custody. In addition, they request a temporary stay of the proceedings below. We deny their petitions and their request for a stay. FACTUAL AND PROCEDURAL BACKGROUND A. Referral and Investigation On February 8, 2023, the Kern County Department of Human Services (department) received a referral on behalf of then 16-year-old S.L. alleging sexual and physical abuse by mother and father. S.L. had reported she had been raped with penetration by her brother-in-law T.I. on two occasions and that father grabbed her buttocks daily and made comments about how her buttocks felt. Additionally, she reported father had been physically abusing her. Father had slammed her against a dresser and pulled her by the hair. S.L. said she reported the rape to mother, who told her not to say anything unless she wanted “to ruin the family.” That same day, law enforcement placed S.L. into protective custody. She was taken to the hospital and placed on a psychiatric hold due to suicidal ideations and depression. The following day a social worker interviewed S.L. She reported she was adopted by mother and father when she was eight years old along with her two siblings. She felt she was treated differently than her siblings because she looked different. She was always afraid of getting in trouble. In regard to the abuse, S.L. stated she disclosed to her