Filed 6/16/17 In re N.H. CA5



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT

In re N.H., a Person Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

T.H.,

Defendant and Appellant.

F074920

(Super. Ct. Nos. 16CEJ300201-1)


OPINION

THE COURT*
APPEAL from an order of the Superior Court of Fresno County. Mary Dolas, Judge.
Shaylah Padgett-Weibel, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
T.H. (mother) appealed from the juvenile court’s order issued at a transfer-in hearing, accepting jurisdiction of the juvenile dependency case as to her now two-year-old son, N.H., from Madera County. After reviewing the juvenile court record, mother’s court-appointed counsel filed a “no issue” brief pursuant to In re Phoenix H. (2009) 47 Cal.4th 835. We granted mother leave to file a letter setting forth a good cause showing that an arguable issue of reversible error exists. (Id. at p. 844.) Mother filed a letter but failed to show good cause. Consequently, we dismiss the appeal.
PROCEDURAL AND FACTUAL SUMMARY
In December 2015, the Madera County Department of Social Services (department) filed a petition under Welfare and Institutions Code section 300, subdivision (b)(1) alleging then one-year-old N.H. was at risk of suffering serious physical harm or illness by mother’s willful failure to provide him adequate shelter after mother insisted on living with him in a car during extremely cold weather. The department placed N.H. with a maternal aunt. By the dispositional hearing in February 2016, mother’s whereabouts were unknown. Consequently, after exercising its dependency jurisdiction over N.H., the Madera County Juvenile Court declined to order reunification services for mother and set a section 366.26 hearing for August 2016. (§ 361.5, subd. (b)(1).)
In June 2016, mother was located in Fresno, homeless and pregnant. She was offered but refused any assistance except for housing. The Madera County Juvenile Court vacated the section 366.26 hearing and transferred the case to Fresno County.
On October 20, 2016, the Fresno County Juvenile Court accepted jurisdiction of the case, ordered reunification services, and set a combined six- and 12-month review hearing. Shortly after, mother gave birth to a son, referred to in the record as Baby Boy H. (baby). The authorities placed a protective hold on him at the hospital because of mother’s unusual behavior. She insisted his umbilical cord remain intact despite the risk of infection and refused to name him because she did not want him to be part of the “existing world.”
In December 2016, the juvenile court terminated mother’s reunification services as to N.H. and set a March 2017 section 366.26 hearing. The court continued baby’s case to January 2017 for a combined hearing on jurisdiction and disposition.
Mother filed a notice of appeal from the October 20, 2016, hearing, challenging “Jurisdiction.” She also filed a notice of intent to challenge the setting order by extraordinary writ petition (case No. F074917). The writ proceeding was dismissed, however, after mother failed to file a writ petition.
DISCUSSION
We have reviewed mother’s letter and the pertinent portions of the record and confirm counsel’s determination that no arguable issues exist with respect to the juvenile court’s transfer order. Accordingly, we dismiss the appeal.
DISPOSITION
This appeal is dismissed.