In re M.V.

Filed 2/15/07  In re M.V. CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION TWO

            Ruby G. (mother) petitions (Cal. Rules of Court, rule 8.452; Welf. & Inst. Code, §  366.26, subd. (l); all unspecified rule and section references are to those sources) for review of an order of October 25, 2006, terminating reunification services and setting a section 366.26 (.26) hearing for three-year-old son, M.V.  Mother claims due process error in the court's failure to return the child to her, and in a prior reduction of visitation.  We deny the petition.

Background

Earlier Proceedings

            An overview of an extended 27 months of reunification services preceding the orders we review here shows fluctuating progress by mother.

            M.V. was born in February 2004, to mother and the presumed father, M.M., who resided in a household of extended family that had an extensive history of domestic violence, including physical fights by the parents.  The precipitating event for this dependency was a Stanford Hospital emergency room visit on July 2, at age four months, for fever plus pain in the child's left arm.  X-rays showed a spiral fracture of the left humerus, deemed non-accidental.  The perpetrator was never identified.  There was reported past physical abuse by the father, and a referring party now reported M.V. having emerged the previous day with his left arm â€