Nicolette B. v. Superior Court

Filed 2/20/07  Nicolette B. v. Superior Court CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            PETITION for Extraordinary Writ.  Robert L. Stevenson, Referee.  Writ denied.

            Claire Boudov for Petitioner.

            No appearance for Respondent.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Lisa Proft, Deputy County Counsel, for Real Party in Interest.

_____________________

            This is a mother's original petition for extraordinary writ challenging the denial of reunification services in a dependency case.  (Former Cal. Rules of Court, rule 38.1, now rule 8.452.)  We shall deny the petition.

            The petitioner, Nicolette B. (mother), is the mother of Aden B., the subject of Welfare and Institutions Code section 300 dependency proceedings.  Mother submitted on the reports of the social worker and various attachments, together with testimony presented before the court.  We base our review and decision on those materials, the record submitted by mother, and judicial notice taken at mother's request of material in a related appellate proceeding concerning Andrew and Anthony, two older children of mother (No.  B193139).

            Aden was born on June 17, 2006.  The Los Angeles County Department of Children and Family Services (the Department) filed a petition to detain him and assert dependency jurisdiction five days later, on June 21, 2006.  The minor was ordered detained the day the petition was filed.  The court appointed counsel for mother and found a prima facie case for detention based on a showing of substantial danger to Aden's physical or emotional health and the absence of other reasonable means to protect him.

            The precipitating cause of the petition was the physical abuse of Alex B. and his resulting death.  Alex B. was Aden's half sibling.  He died as the result of a brutal beating by Aden's father, Andrew S. (father), and mother's demonstrated inability to protect Alex from father's depravations and to enable Alex to receive medical assistance.

            Mother and Alex, then one year old, and her two older children, Andrew and Anthony, were living with Aden's father.  Andrew and Anthony were half siblings of Aden and Alex.  (Father was not the parent of Andrew or Anthony.)  Early in the morning of January 9, 2006, mother left Alex with father, with whom she was then living.  She left to take the older children to school.  She returned about an hour later to find police and paramedics at the home.  Father told her that Alex was choking and had been taken to a hospital.  Later, father was agitated (a nervous wreck) and kept asking mother what she told detectives about him and what they had said about him.  In fact, Alex had suffered horrendous injuries that went far beyond choking.  The autopsy report showed he had suffered multiple trauma to his head and neck, a severely distended abdomen, â€