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In re R.Y.

In re R.Y.
08:11:2006

In re R.Y.



Filed 8/10/06 In re R.Y. CA2/5







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



SECOND APPELLATE DISTRICT



DIVISION FIVE














In re R. Y., a Person Coming Under the Juvenile Court Law.



B187863


(Los Angeles County


Super. Ct. No. CK52094)



LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,


Plaintiff and Respondent,


v.


LAKEISHA B.,


Defendant and Appellant.




APPEAL from an order of the Superior Court of Los Angeles County, Margaret S. Henry, Judge. Affirmed.


Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant.


Raymond G. Fortner, Jr., Los Angeles County Counsel, Larry Cory, Assistant County Counsel, Lisa Proft, Deputy County Counsel, for Plaintiff and Respondent.


I. INTRODUCTION


Lakeisha B. (the mother) appeals from a December 19, 2005 order denying her request at a selection and implementation hearing (Welf. & Inst. Code,[1] § 366.26) that the Department of Children and Family Services (the department) be ordered to assess the maternal grandmother's home for placement of R.Y., the child. (§ 361.3.) We conclude the mother has no standing to urge the asserted abuse of discretion. Accordingly, we affirm the order.


II. BACKGROUND


The mother has nine children. As of January 2005, eight of the children were dependents of the juvenile court. The ninth and oldest child was under probation supervision and living in an extended family member's home. There is a history of sexual abuse within the child's family going back several generations. The maternal grandmother was sexually abused by her step-father. The mother was sexually abused by her father. One of the child's siblings was sexually assaulted by the maternal grandfather and two maternal uncles. One sibling had sexually abused two others. The children were severely sexually acting out with each other. The mother was aware of the sexual abuse but failed to protect her children. Moreover, the mother physically punished a daughter for revealing sexually abusive conduct by a brother. Reunification services to the mother were terminated on May 2, 2005. We denied the mother's California Rules of Court, rule 38.1 writ petition. (Lakeisha B. v. Superior Court (Aug. 16, 2005, B183102) [nonpub. opn.].)


The maternal grandmother is the legal guardian of four of the child's older siblings. Three children were placed with the maternal grandmother in June 2003. A November 4, 2003 disposition report reflected: â€





Description Appeal from an order denying appellant's request at a selection and implementation hearing that the Department of Children and Family Services be ordered to assess the maternal grandmother's home for placement of the child. Court conclude the appellant has no standing to urge the asserted abuse of discretion. Accordingly, court affirm the order.
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