In re A.O

Filed 4/5/06 In re A.O. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Affirmed.

Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant Diane O.

Joe S. Rank, County Counsel, and Julie Koons Jarvi, Deputy County Counsel, for Plaintiff and Respondent.

Michael D. Randall, under appointment by the Court of Appeal, for Minors.

I. INTRODUCTION

Diane O. (mother) appeals from the termination of her parental rights as to A. O. (born in December 1999) and S. O. (born in October 2001) under Welfare and Institutions Code^[1] section 366.26.^[2] Mother contends that the juvenile court abused its discretion in failing to apply an exception to termination of parental rights under section 366.26, subdivision (c)(1)(a), and in denying her section 388 petition without holding a hearing. We conclude that the trial court did not abuse its discretion. Mother also contends that the juvenile court violated her rights under the Americans with Disabilities Act by denying her reunification services under section 361.5, subdivision (b)(2). We conclude that mother was required to bring a writ petition under California Rules of Court, rule 38.1, to review the denial of reunification services, and the issue therefore may not be raised on appeal.

II. FACTS AND PROCEDURAL BACKGROUND

A. Proceedings Under Earlier Petitions

In June 2001, A. O. became a dependent of the Riverside County Juvenile Court under section 300, subdivisions (b) and (g), because mother had abused drugs and had failed to provide him with safe and appropriate shelter and care. The petition filed by the Department of Public Social Services (Department) stated that the home was unsafe and squalid with no electricity and dirty dishes, clothing, trash, and boxes piled everywhere. There was little food in the house, and A. O. was dirty and had head lice as well as insect bites on his body. Later that year, mother gave birth to S. O., who became a dependent of the court under section 300, subdivisions (b), (g), and (j). A. O. was initially placed in foster care, but then was returned to mother's care under a family maintenance plan; S. O. also remained in mother's care under the family maintenance plan.

In December 2001, mother underwent a psychological evaluation by Dr. Edward J. Ryan. Dr. Ryan diagnosed her with substance abuse (cocaine and alcohol), borderline intellectual functioning, and dependent personality disorder. His report concluded, â€