Fear Not Law Articles: In re A.W.

In re A.W.

Filed 9/7/06 In re A.W. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

In re A.W., a Person Coming Under the Juvenile Court Law.

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY,

Plaintiff and Respondent,

AMBER W.,

Defendant and Appellant.

F049310

(Super. Ct. No. 508158)

OPINION

APPEAL from a judgment of the Superior Court of Stanislaus County. Nancy B. Williamsen, Commissioner.

Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant.

Michael H. Krausnick, County Counsel, and Carrie M. Stephens, Deputy County Counsel, for Plaintiff and Respondent.

-ooOoo-

Amber W. purports to appeal the juvenile court's finding, made at the six-month review hearing, that she was provided with reasonable reunification services. We conclude the court's reasonable services finding is not an appealable order under the rationale of Melinda K. v. Superior Court (2004) 116 Cal.App.4th 1147 (Melinda K.) and dismiss the appeal.

BACKGROUND

Amber is the mother of A., whose presumed father is Christepher R.^[1] On April 11, 2005, when A. was around three months old, the juvenile court took dependency jurisdiction over A. under Welfare and Institutions Code^[2] section 300, subdivision (a) (serious physical harm) and subdivision (b) (failure to protect), after finding true allegations that she had injuries inconsistent with her parents' explanation. A.'s injuries included a fractured right femur, numerous bruises on her chest, knee, cheek, and forehead, several fractured ribs in various stages of healing, and a right eye sclera hemorrhage. A.'s parents variously claimed that A. fell approximately two feet from a bed after Christepher tried to reach for a bottle on the nightstand, or tried to â€

Description	At the six-month review hearing in Melinda K., the juvenile court found that reasonable reunification services had been provided and ordered an extension of reunification services for an additional six months. (Melinda K., supra, 116 Cal.App.4th at pp. 1151-1152.) The mother appealed the reasonable services finding because there had been a significant delay in providing certain counseling services. Melinda K. held that, because the continuation of reunification services negated any adverse consequence from the reasonable services finding, the parent was not an aggrieved party and the order was not appealable. The appeal was dismissed by the court.
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