In re K.S.

Filed 8/10/06 In re K.S. CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

Petitioner A. S. is the mother of a daughter, K., who was made a dependent of the Alameda County Juvenile Court. Pursuant to California Rules of Court, rule 38, petitioner seeks extraordinary writ review of the order setting a permanency planning and implementation hearing for K. under Welfare and Institutions Code section 366.26.^[1] Petitioner contends there was insufficient evidence to allow the court to assume jurisdiction over K. under section 300, subdivisions (b), (e), and (j). She also asserts error in the denial of reunification services.

BACKGROUND

K. was born in 2004. On Tuesday, March 28, 2006, petitioner brought K., then 15 months old, to a hospital emergency room at 2:00 p.m. because K.'s head was swollen and very sensitive to the touch, she had a slight fever and her eye was sagging slightly. K. was diagnosed with a depressed (one side of the head pushed in) skull fracture, bruising on the front and rear of her head, and fever. K.'s injuries were medically inconsistent with petitioner's explanation that K. fell backward off a couch 48 hours earlier. Against medical advice, petitioner left the hospital with K. at 7:00 p.m. the same day. The police then went to the house petitioner shared with her boyfriend, Anthony B., and his parents and convinced petitioner to return K. to the hospital. On March 29 K. was placed in protective custody.

On April 3, 2006, the Alameda County Social Services Agency (Agency) petitioned to have K. declared a dependent of the juvenile court, alleging failure to protect (§ 300, subd. (b)), severe physical abuse of a child under five (§ 300, subd. (e)), no provision for support (§ 300, subd. (g)) and abuse of siblings (§ 300, subd. (j)).

The petition enumerated the following facts to support the allegations: K.'s skull fracture diagnosis; petitioner's delay in seeking medical attention for 48 hours despite observing swelling of K.'s head; petitioner's departure from the hospital against medical advice; petitioner's failure to reunify with her four other children, who had been or presently were dependents of the Riverside County Juvenile Court; petitioner's initial denial that she had any other children or that dependency proceedings had occurred in other counties; petitioner's frequent moves among different states and cities to avoid K.'s allegedly abusive father; and petitioner's statement that K.'s purported father, David W., was violent, wanted for murder in another state, and had never made provisions for K.'s care.

Detention Hearing

The Agency's April 4 detention report stated that, according to petitioner, David W. was K.'s biological father, but they have never lived together.

At the April 5 detention hearing, petitioner gave the following testimony: She and Anthony B.'s mother and cousin were in the living room on Sunday afternoon, March 26, while K. was playing on the living room couch. As K. tried to stand up she lost her footing, and before any of the adults could reach her, she fell backward and hit the side of her head on the floor. Petitioner did not seek medical attention because she did not see anything wrong with K., who was learning to walk and had fallen before. After petitioner held K. for a long time, she set her down to play, and she played â€