VICTORIA S. v. Superior Court

Opinion

O’LEARY, J.

Pursuant to California Rules of Court, rule 39.1B, Victoria S. seeks review of the order made at the permanency review hearing (Welf. &

[731]

Inst. Code, § 366.22, hereafter 18-month review hearing),

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scheduling a permanency planning hearing for her daughter, Kayla S. (§ 366.26, hereafter .26 hearing). She contends the court should have bypassed the .26 hearing and ordered a permanent plan of long-term foster care at the 18-month review hearing. We find no error and deny her petition.

FACTS

Kayla, then 14 years old, was taken into protective custody in August 2002, due to her mother’s failure to protect and inability to provide support. Victoria, who had a long history of substance abuse, was incarcerated at the time. Kayla’s father and Victoria were divorced. The father already had custody of two of the couplers children and a third, taken into custody at the same time as Kayla, was placed with him. Kayla was also placed with her father, but it soon became apparent he was unable to handle her. Kayla had become pregnant and had discipline problems.

In May 2003, Kayla was declared a dependent child. Reunification services were ordered for both parents. At the time, there was no appropriate placement for Kayla with any family member and Orange County Social Services Agency (SSA) intended to place her in Mary’s Shelter, a program for pregnant teenagers. It planned to investigate a paternal aunt, with whom Kayla had resided at times in the past, as a possible placement.

Kayla’s baby was bom in June 2003. At the September 24, six-month review hearing, SSA reported Kayla was living at Mary’s Shelter, and was progressing with her own parenting skills while doing very well in school. The parents needed to make progress with their case plan. The paternal aunt had obtained an apartment where Kayla and the baby could live with her, and SSA was preparing to evaluate the home. The court set an 18-month review hearing.