R.R. v. Superior Court

Filed 1/23/07  R.R. v. Superior Court CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            R.R. (Mother), the mother of the young minor J.R., filed this petition for extraordinary writ pursuant to California Rules of Court, former rule 38.1, now rule 8.452, seeking to vacate an order of the trial court made on October 10, 2006, that terminated reunification services and set a hearing under Welfare and Institutions Code section  366.26 to consider termination of Mother's parental rights.  For the reasons set forth below, the petition is denied.

            I.  FACTS AND PROCEDURAL HISTORY

We set forth the factual background most relevant to this writ petition.[1]J.R., the young minor in issue, was born in February 2004.  She was about 16 months old when she came to the attention of the authorities, in early June 2005.  At that time, City of Concord police officers received reports that Mother had left seven or eight messages on her case manager's voicemail over a weekend, threatening to kill herself, her child J.R., and Mother's case manager.[2]  The case manager heard J.R. crying in the background of the messages.  Apparently, Mother was angry at her case manager for telling Mother there were insufficient funds for Mother to stay overnight in Las Vegas for her oldest child's high school graduation.  The case manager was concerned that these threats were different from Mother's earlier threats to kill herself, and she was concerned about J.R.'s safety.

After making these threats, Mother was hospitalized due to serious mental illness, under the terms of Welfare and Institutions Code section 5150.[3] Mother obviously was unable to care for J.R., and J.R. was placed in an emergency foster home by the Contra Costa County Department of Children and Family Services (the Department). 

            On July 8, 2005, the juvenile court sustained a juvenile dependency petition pursuant to section 300, finding that Mother has â€