R.D. v. Superior Court CA2/6

Filed 11/21/24 R.D. v. Superior Court CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B339559 (Super. Ct. No. 24JD00091) 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 denying family reunification services with her newborn child K.D., and setting a permanent plan hearing

pursuant to Welfare and Institution Code section 366.26.1 We conclude that substantial evidence supports the court’s findings that reunification services are not in K.D.’s best interests and the court did not abuse its discretion by bypassing services. (§ 361.5, subd. (b)(10).) We deny the petition for extraordinary writ. FACTUAL AND PROCEDURAL HISTORY K.D. was born in May 2024 and detained at birth by the San Luis Obispo County Department of Social Services (DSS) because the infant tested positive for fentanyl. Mother has three other children, including D.G., who are dependents of the juvenile court. Mother has not made sufficient progress toward reunification with the three children. During the 10 months leading to K.D.’s birth, Mother tested positive for various drugs, including opiates, methamphetamine, and marijuana. Following K.D.’s birth, Mother applied to a residential drug treatment program. She completed the program assessment and tested negative for drugs in a preliminary drug test. When she arrived at the facility, however, she tested positive for methamphetamine and Ecstasy. Mother was actively participating in the residential program in June and July 2024 by attending group meetings, 12-step meetings, anger management, recovery planning, and negative drug testing. Nearly two years before K.D.’s birth, law enforcement and DSS responded to the home where Mother, G.G. (father of K.D.) (Father), and the three 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