N.M.

N.M. v. Superior Court of Contra Costa County

Good Law
2016 Cal. App. LEXIS 995·210 Cal. Rptr. 3d 176·5 Cal. App. 5th 796
Court of Appeal of CaliforniaNovember 17, 2016No. A149327California4,866 words

Opinion

lead Opinion

Rivera, J.

*798 Opinion

N.M. (Mother) petitions for extraordinary relief under California Rules of Court, rule 8.452, 1 asking us to set aside the juvenile court’s order scheduling a hearing pursuant to Welfare and Institutions Code section 366.26. 2 She contends the court lacked discretion to set the hearing because she was not provided reasonable reunification services. We deny the petition on the merits.

I. BACKGROUND

A. The Petition and Detention

The Contra Costa County Children and Family Services Bureau (the Bureau) filed petitions on November 7, 2014, alleging that P.W., then 12 years old, and his sister, M.W., then 11 years old (collectively, the children), came within the jurisdiction of the juvenile court. 3 (§ 300.) According to the petitions, Mother caused RW. serious physical harm, biting and scratching him during an altercation on October 31, 2014, and Mother’s untreated mental condition impaired her ability to adequately parent and protect both children, placing them at risk of physical harm or illness.

The detention/jurisdiction report advised that the October 31 altercation began when Mother became upset and began yelling at RW. for not going to school that day,…

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