L.W. v. Sup. Ct.
Filed 8/24/06 L.W. v. Sup. Ct. CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE
| L.W., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Real Party in Interest. | No. B191351 (Los Angeles County Super. Ct. No. LK01303) |
ORIGINAL PROCEEDING; petition for extraordinary writ. Stanley Genser, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Petition denied.
Andrew P. Rifkin for Petitioner.
No appearance for Respondent.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and William D. Thetford, Senior Deputy County Counsel, for Real Party in Interest.
Carlson, de Klerk, & Sherman and Angela Pierce Di Donato for the Minor.
_____
By this petition for an extraordinary writ, L.W. (Mother), the mother of 12-year-old W.S. (born in April 1994), challenges a May 25, 2006 order of the juvenile court terminating reunification services and setting a permanent plan hearing under Welfare and Institutions Code section 366.26. (Statutory references are to the Welf. & Inst. Code.) We deny Mother's petition because substantial evidence supports the juvenile court's findings that the Department of Children and Family Services (DCFS) had provided reasonable services and that the return of W.S. to Mother would create a substantial risk of detriment to W.S.'s well-being.
BACKGROUND
In January 2005, W.S. (along with her 16-year-old sister L.S. and eight-year-old sister V.S.) was detained from Mother and placed with family members after V.S. was placed on a 72-hour hold because of suicidal ideations.[1] V.S. expressed fears of returning home because of violence in the home between Mother and her fiancé, Donald W. V.S. also reported that Mother hit her with electrical cords and Donald W. hit her with a belt and a fly swatter. V.S. said that she wanted to live with her adult sister, N.W., who was 29 years old. According to L.S., Donald also hit W.S. with a belt.
Although hospital staff smelled alcohol on Mother's breath, and Mother appeared to be drunk when she came to visit V.S., Mother denied having an alcohol problem. W.S.'s older brother (now an adult) had been a dependent of the juvenile court who had received permanent placement services from 1990 to 2000 due to general neglect by Mother. L.S. had also received family maintenance services from 1991 to 1992.
In January 2005, DCFS filed a petition seeking to declare W.S. a dependent under section 300, subdivisions (a) (serious physical harm), (b) (failure to protect), and (j) (abuse of sibling). In March 2005, DCFS filed a first amended petition adding sexual abuse allegations under section 300, subdivision (d), after W.S. told a social worker that Donald W. sexually molested her â€
