In re K.B. CA1/1

Filed 12/20/13 In re K.B. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re K.B. et al., Persons Coming Under the Juvenile Court Law.

SOLANO COUNTY HEALTH & SOCIAL SERVICES, Plaintiff and Respondent, A137860 v. (Solano County C.R., Super. Ct. Nos. J41132, J41128, Defendant and Appellant. J41129)

INTRODUCTION C.R. is the mother of five children, three of whom are the subject of this appeal. She maintains the juvenile court erred in denying her Welfare and Institutions Code section 3881 application to vacate the termination of reunification services based on her enrollment in a residential treatment program. She also contends, should we reverse the order denying her section 388 application, we should also reverse the order terminating her parental rights. We affirm.

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

1

PROCEDURAL AND FACTUAL BACKGROUND We set forth only those facts necessary to consideration of the issue on appeal. Solano County Health and Human Services (Department) filed a petition in October 2011, alleging C.R. (Mother) placed her five children at risk of neglect or abuse due to her extensive history of substance abuse, including methamphetamine and barbiturates. The petition also alleged risk of abuse or neglect based on Mother’s history of “mental and/or emotional problems and has been diagnosed with Major Depressive Disorder with psychotic symptoms.” The petition further alleged Mother attempted to commit suicide in September 2011 while her youngest child was in the home with her. Finally, the petition alleged Mother and the children’s father engaged in domestic violence in the presence of the children. The juvenile court detained the minors, sustained the allegations in the petition, and placed the three minors who are the subject of this appeal with their paternal aunt. The parents were ordered to participate in reunification services. At the six-month status review hearing in May 2012, the Department recommended termination of reunification services. Mother had been arrested for burglary and possession of paraphernalia in April 2012. She had not been in contact with the Department or her family for the previous two months, nor had she complied with the case plan objectives. Mother had been accepted into Project Aurora, an outpatient substance abuse program, in February 2012 but was “discharged unsuccessfully” in March 2012 “due to non-compliance based on her lack of attendance.” In June 2012, the juvenile court terminated reunification services and set the matter for a section 366.26 hearing. The section 366.26 hearing was ultimately continued until December 12, 2012. On December 10, 2012, Mother filed a section 388 application seeking to reinstate reunification services based on her enrollment in a residential substance abuse treatment program. The next day, the court denied the application without a hearing on the grounds Mother failed to state new evidence or a change of circumstances.