In re L.W. CA3

Filed 10/3/13 In re L.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re L.W. et al., Persons Coming Under the Juvenile C072974 Court Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. Nos. JD232207, HEALTH AND HUMAN SERVICES, JD232208)

Plaintiff and Respondent,

v.

Betty W.,

Defendant and Appellant.

Betty W., mother of the minors, appeals from orders of the juvenile court denying her petition for modification and terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395 [further undesignated statutory references are to the Welfare and Institutions Code].) Mother argues the juvenile court erred in denying her petition for modification without a hearing. We affirm.

1

FACTS In 2006 the minors’ half sibling, Am.W., was removed from mother’s custody after the then four-year-old child was found wandering on a busy street. She was covered with self-inflicted scars and was a victim of sexual abuse by relatives. The juvenile court ordered reunification services for mother that included parenting and anger management classes and, in June 2007, returned the minor to mother under supervision. Within a year, Am.W. was again removed and mother was offered further parenting and substance abuse services, but services were soon terminated because mother did not participate in them and was again neglecting the child’s care. The court subsequently suspended visitation due to the effect mother’s conduct had on Am.W. In September 2010 the court granted mother six more months of reunification services but ultimately terminated services again in March 2011. The child was placed in a group home. The minor As.W. was born in January 2009 and mother was afforded informal supervision services by the Sacramento County Department of Health and Human Services (Department) that included substance abuse and mental health treatment. Mother admitted a history of substance abuse including methamphetamine, alcohol, and marijuana. Mother was compliant with the informal supervision services and the case was closed in October 2009. L.W. was born in December 2009 and mother completed a substance abuse treatment program shortly thereafter. In February 2012 the Department filed a petition to have the minors As.W., age three, and L.W., age two, removed from mother’s custody due to neglect and physical abuse after the minors were found wandering in the rain clad only in diapers and a physical examination disclosed marks and scars consistent with physical abuse. Mother blamed the minors’ injuries on rough play and was unwilling to take responsibility for her failure to provide adequate care and supervision of the minors, showing little insight into why the minors were removed. In further interviews, mother declined to discuss the issue of physical abuse with the social worker.