In re Manuel B.

Filed 2/20/07  In re Manuel B. CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            ORIGINAL PROCEEDING; petition for writ of mandate.  Joan Carney, Temporary Judge.  (Pursuant to Cal. Const. art. VI, §  21.)  Petition denied.

            Barbara Cohen for Petitioner. 

            No appearance for Respondent.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, Judith A. Luby, Senior Deputy County Counsel for Real Party in Interest Los Angeles County Department of Children and Family Services.

            Children's Law Center of Los Angeles and David Estep for Real Party in Interest Manuel B.

            Petitioner Elizabeth  B. seeks extraordinary writ relief (Welf. and Inst. Code, §  366.26, subd. (l);^[1] Cal. Rules of Court, rule 8.452) from the juvenile court's order, made at the conclusion of the statutory limit for reunification (§  366.22), setting a hearing pursuant to section 366.26 to consider selection and implementation of a permanent plan for her eight-year-old son Manuel  B.  Elizabeth  B.'s petition is opposed by the Department of Children and Family Services (Department) and also by Manuel, who has filed a joinder in the Department's response.  We deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

            Elizabeth B.'s involvement with the Department began in 1997, when her five-year-old son Alexandro was detained after she left him alone in a parking lot while she sold roses in a restaurant.  Several allegations of abuse and neglect were investigated in 1999 and 2000, and in 2001 Alexandro and three-year-old Manuel were made court dependents for Elizabeth B.'s physical abuse and neglect and her diagnosis of major recurrent depression and anxiety disorder.^[2]  Elizabeth  B. received over 18 months of reunification services and reunified with Manuel but not Alexandro, who remained in foster care.

            On February 2, 2005 the Department filed a new petition under section 300, seeking to declare Manuel a court dependent for Elizabeth  B.'s inability to provide care for him due to her mental and emotional problems.  The Department's report for the detention hearing indicated Elizabeth  B. was in a sober living home after being homeless for six months, her mental health was deteriorating, she was physically abusing Manuel and was combative with other residents, and as a result she was being evicted from the home.  The juvenile court ordered Manuel detained, and the Department placed him in foster care with Alexandro in the home of Guillermo  H. and Elsa  H.

            In its report for the jurisdiction and disposition hearing, the Department indicated Elizabeth  B. refused to discuss any of the allegations in the dependency petition because they were â€