In re Willie W. CA2/6

Filed 10/21/13 In re Willie W. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re WILLIE W., a Person Coming Under 2d Juv. No. B245545 the Juvenile Court Law. (Super. Ct. No. J069062) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

K.S.,

Defendant and Appellant.

Eight year old Willie W. suffers from acute asthma. His mother, K.S., loves her son but has not accepted the evidence of his illness and provided him with care necessary to protect him from its effects. The law recognizes, as it must, that parents have a fundamental right to the make decisions concerning the care, custody and control of their minor children free from the unjustified intervention of government. (Santosky v. Kramer (1982) 455 U.S. 745, 753; In re Keisha E. (1993) 6 Cal.4th 68, 76.) At the same time, the state has the duty and the right to protect children who are at substantial risk of injury and to provide them with safe and stable homes. (In re Josiah Z. (2005) 36 Cal.4th Cal.App.4th 664, 673.) "These proceedings are 'designed not to prosecute a parent, but to

protect the child.'" (Ibid., citing In re Malinda S. (1990) 51 Cal.3d 368, 384.) Here the parental right must yield to the duty of the state to secure the best interests of the child. K.S. appeals from the juvenile court's orders declaring her son, Willie W., a dependent child and removing him from her custody. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2012, 8-year-old Willie lived with mother, his 6-year-old sister, 11-year- old brother and their 15-year-old half-brother. On September 5, 2012, Willie had a severe asthma attack at school. Unable to reach mother, school officials called an ambulance. Paramedics took Willie to Simi Valley Hospital. Dr. Alan Kuben saw Willie in the emergency room on September 5, diagnosed him with "acute asthmatic bronchitis," and prescribed medication for him. On September 5, school officials told mother that Willie needed a rescue inhaler at school. On September 11, 2012, Willie returned to school. Mother had not provided the school with a rescue inhaler or a medication authorization. Willie was wheezing and complaining of tightness in his chest. That morning, a Ventura County Human Services Agency (HSA) social worker and a public health nurse (PH nurse) visited mother at home. They told her to take Willie and his sister to their primary care doctor, Khristian Mueller, at Moorpark Family Care Center (Moorpark Care) as soon as possible to get their medication for home and school. The PH nurse scheduled September 12, 2012 appointments for them and mother agreed to take them to those appointments. She failed to do so. On September 13, mother told the social worker she had an urgent appointment on September 12th regarding an electricity shut-off notice. The social worker told her to take Willie and his sister to Sierra Vista Family Medical Clinic's Urgent Care (urgent care) that day (September 13). Dr. Hook examined Willie at urgent care on September 13, prescribed medication for asthma and completed a form medication authorization for the school. Dr. Hook advised mother to follow up with Willie's primary doctor in a week. Mother failed to do so. On September 19, 2012, the PH nurse went to mother's home. She heard voices inside and knocked on the door. Nobody answered.