R.D. v. Superior Court CA2/6

Filed 9/17/24 R.D. v. Superior Court CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

R.D., 2d Juv. No. B338134 (Super. Ct. No. 23JD00221) Petitioner, (San Luis Obispo County)

v.

THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY,

Respondent;

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

R.D. (Mother) seeks extraordinary writ relief from the juvenile court’s order terminating family reunification services with her daughter D.G., and setting a permanent plan hearing

pursuant to Welfare and Institution Code section 366.26.1 We deny the petition for extraordinary writ. FACTUAL AND PROCEDURAL HISTORY Mother has four children, including D.G., who are dependents of the juvenile court. On August 18, 2022, law enforcement and San Luis Obispo County Department of Social Services (DSS) responded to the home where Mother, D.G., D.G.’s father G.G. (Father), and the other children resided. Law enforcement found images of child pornography on Father’s cell phone and arrested him. Mother agreed not to permit Father to reside in the home or to be left alone with the children. She also agreed to participate in drug screening. Her later test results were positive, however, for amphetamine, benzodiazepine, and tetrahydrocannabinol (THC). Mother then agreed with DSS to reside with the children’s maternal grandmother and to remain sober. On May 2, 2023, Father was convicted of possession of child pornography and became a lifetime registered sex offender. Despite probation terms prohibiting Father from being alone with D.G., he appeared at the probation department with her. Several months later, his probation officer found Father alone in a hotel room with D.G. Father stated that Mother left D.G. with him while she worked. The probation officer found a methamphetamine pipe and a bag of marijuana in the motel room. Father admitted to smoking methamphetamine that day and claimed Mother used methamphetamine also. Father’s cell phone also contained child pornography and he was arrested