Charmaine B. v. Sup. Ct.

Filed 6/15/06 Charmaine B. v. Sup. Ct. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, John C. Gastelum, Judge. Petition denied.

Alyssa Saks for Petitioner.

No appearance for Respondent.

Benjamin P. de Mayo, County Counsel, Dana J. Stits and Jeannie Su, Deputy County Counsel, for Real Party in Interest Orange County Social Services Agency.

Law Offices of Harold LaFlamme and Mari Duque for Real Party in Interest, Minor Kaylee B.

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Charmaine B. petitions for a writ of mandate to vacate an order that denied her reunification services and set a permanency planning hearing pursuant to Welfare and Institutions Code section 366.26.^[1] She argues the hearing should have been continued, and, at any rate, the juvenile court abused its discretion and failed to make required findings when it refused to order reunification services. We disagree and deny the petition.

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In July 2005, a police officer chanced to look toward an open motel window, where he saw Robert B. choking his daughter, Kaylee. Upon investigating, the officer found the room occupied by Robert, Charmaine, and their four children, Kaylee (16), Courtney (13), Jacob (6), and Paul (5). He learned Robert had severely beaten Kaylee, choked her until she collapsed, repeatedly kicked her on the floor, dragged her around by the hair, and then threw her across the room. Not satisfied, Robert drew a knife and threatened to â€