S.H. v. Superior Court CA5


Filed 9/23/20 S.H. v. Superior Court CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.H., F081309 Petitioner, (Super. Ct. Nos. 19CEJ300313-1, v. 19CEJ300313-2, 19CEJ300313-3, 19CEJ300313-4) 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. Gary L. Green, Commissioner. S.H., in pro. per., for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest. -ooOoo- * Before Detjen, Acting P.J., Meehan, J. and De Santos, J. Petitioner S.H. (mother), in propria persona, seeks an extraordinary writ from the juvenile court’s orders denying her reunification services under Welfare and Institutions Code, section 361.5, subdivision (b)(6)1 and setting a section 366.26 hearing for October 5, 2020, as to her four children, now ranging in age from 20 months to eight years of age. Section 361.5, subdivision (b)(6) allows a juvenile court to deny reunification services for a parent whose child was adjudicated a dependent of the court due to “severe sexual abuse” to the child or the child’s sibling. (§ 361.5, subd. (6)(A).) The perpetrator of the sexual abuse in this case was the children’s father, Hugo R. (father), who did not file a writ petition. Mother seeks a writ directing the juvenile court to vacate the section 366.26 hearing and return the children to her custody and dismiss dependency jurisdiction or order reunification services and visitation. Mother appears to argue the children were wrongfully removed from her physical custody. She does not, however, comply with the content requirements set forth in California Rules of Court, rule 8.4522 for an extraordinary writ petition. Consequently, we dismiss the petition as facially inadequate for review. PROCEDURAL AND FACTUAL SUMMARY Dependency proceedings were initiated in September 2019 after mother contacted the police to report that father digitally penetrated their five-year-old daughter’s vagina and rectum. That morning her oldest son woke her up to get him ready for school. She did not know the time because she did not have a clock or phone. She noticed her five- year-old daughter (the daughter) was asleep on her knees with her buttocks in the air, which was not how she usually slept. She was clothed but not covered with a blanket, 1 Statutory references are to the Welfare and Institutions Code unless otherwise indicated. 2 Rule references are to the California Rules of Court. 2 which was also unusual. The daughter complained of pain. Mother noticed father was curled up in a blanket, which was uncommon as he generally slept uncovered. Mother immediately confronted father and asked what he did ...

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