In re S.M. CA5

Filed 3/5/25 In re S.M. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re S.M. et al., Persons Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F088828 SOCIAL SERVICES, (Super. Ct. Nos. 19CEJ300185-2, Plaintiff and Respondent, 19CEJ300185-3)

v. OPINION BEATRICE M.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Kimberly J. Nystrom-Geist, Judge. Jack A. Love, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Peña, J. and Meehan, J.

Appellant Beatrice M. (mother) is the mother of now three-year-old Sebastian M. and one-year-old B.M. (collectively, the children), who are the subjects of this dependency case. At a disposition hearing in April 2024, the juvenile court denied family reunification services to mother. In October 2024, mother filed a petition under Welfare and Institutions Code section 3881 asking the juvenile court to order the children placed in her care under a plan of family maintenance or family reunification services be provided to her. The juvenile court summarily denied mother’s petition without a hearing. On appeal, mother contends the juvenile court erred in denying the petition without conducting an evidentiary hearing. We find no abuse of discretion, and thus we affirm. FACTUAL AND PROCEDURAL BACKGROUND Initial Removal On December 5, 2023, the Fresno County Department of Social Services (department) received a referral alleging general neglect by mother. S.M., at two years of age, was transported to the hospital due to difficulty breathing and vomiting. A drug screen was conducted on S.M., which came back positive for methamphetamine. Mother did not have an explanation for how S.M. came into contact with methamphetamine. She denied any current methamphetamine use, but she admitted to drinking alcohol and smoking marijuana at the time of S.M.’s medical incident. Mother reported relapsing on methamphetamine earlier in the year. B.M., at seven months of age, was living with mother’s sister because mother did not have a permanent place to stay. Both children were taken into protective custody by law enforcement. The department filed an original petition alleging the children were described by section 300, subdivisions (b)(1) and (j). The petition alleged the children were at substantial risk of suffering serious physical harm as a result of mother’s substance abuse