KAREN H. v. Superior Court

Opinion

SIMS, Acting P. J.

Petitioner Karen H., mother of the minor Kairra, seeks an extraordinary writ (Cal. Rules of Court, rule 39.IB) to vacate the orders of the juvenile court made at the dispositional hearing denying her reunification services and setting a Welfare and Institutions Code section 366.26 hearing (further undesignated section references are to this code). Petitioner also requests a stay of proceedings in the respondent court. We shall deny the petition, rendering the request for stay moot.

Two-year-old Kairra and her eight-year-old sister were removed from petitioner’s custody in November 2000, due to petitioner’s ongoing substance abuse problems and recent positive drug tests during a period of family maintenance services.

According to petitioner’s history of contacts with the Sacramento County Department of Health and Human Services (DHHS), petitioner had received,

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or been offered, services from as early as 1994 through 1998 due to allegations of physical abuse of the children then in her custody. By March 1998, the referrals indicated petitioner admitted substance abuse. Petitioner was in a program of methadone maintenance when Kairra was bom prematurely in October 1998. In March 1999 petitioner tested positive for methamphetamine, cocaine and heroin while she was participating in methadone maintenance treatment at Bi-Valley Medical Clinic (Bi-Valley). DHHS had an open family maintenance case on petitioner at the time. Subsequent referrals in 2000 indicated petitioner was continuing to use various drugs and coming to Bi-Valley under the influence. A report in August 2000, stated petitioner had tested positive for drugs since May 2000. DHHS continued to offer services within the family maintenance program. Finally, after two positive tests in October 2000, petitioner’s treating physician reported his concerns about the mother’s ability to parent the minors while using dmgs. At this point the minors were removed.

The jurisdiction report, dated December 4, 2000, stated petitioner had a 10-year history of substance abuse and had submitted a positive dmg test after the minors were removed. However, since petitioner had stayed clean for a period of five months during the family maintenance program, DHHS recommended reunification services be provided to her.