Juana V. v. Superior Court
Filed 3/21/06 Juana V. v. Superior Court CA4/3
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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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| JUANA V., v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ORANGE COUNTY SOCIAL SERVICES AGENCY, Real Party in Interest. | G036399 (Super. Ct. No. DP011963) O P I N I O N |
Original proceeding; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Carolyn Kirkwood, Judge. Request to stay Welfare & Institutions Code section 366.26 hearing. Petition denied. Request for stay denied.
Law Office of J. Michael Hughes and Jhanelle Heimann, for Petitioner Juana V.
No appearance for Respondent.
Benjamin P. de Mayo, County Counsel, Dana J. Stits, Deputy Counsel, and Aurelio Torre, Deputy County Counsel, for Real Party in Interest Orange County Social Services Agency. No appearance for the Minor.
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Petitioner Juana V. (mother) seeks extraordinary relief from an order denying her reunification services with her now nine-month-old son, Jeffrey, and setting a permanency hearing under Welfare and Institutions Code section 366.26 (all statutory references are to this Code). She also requests us to stay the permanency hearing, scheduled for March 27, 2006. Mother contends the trial court erred in concluding she was incapable of utilizing family reunification services. Finding no error, we deny the petition and request to stay the permanency hearing.
FACTS
Since 1993, social services has contacted mother approximately 21 times with allegations ranging from physical and sexual abuse to neglect of Jeffrey's half-siblings, all under the age of 15. The most recent contact in February 2005 resulted in mother's arrest and conviction for child endangerment stemming from her refusal or inability to prevent her live-in boyfriend and Jeffrey's presumed father, Jose, from sexually abusing and impregnating her 13-year-old daughter, Irene. Mother gave birth to Jeffrey while she was incarcerated for that offense.
Due to mother's incarceration and the absence of any relative to care for him, Jeffrey was placed in protective custody the day after he was born and a dependency petition was filed under section 300, subdivisions (b), (g), and (j). At the detention hearing, the court vested Jeffrey's temporary care and placement with social services. Jeffrey's six other half-siblings, and Irene's baby are also in protective custody.
The court appointed two experts to evaluate mother's mental state, Dr. Roberto Flores de Apadaca and Dr. Rubina Najeeb. Both diagnosed mother with Dependent Personality Disorder (301.60), which is characterized by â€
