In re K.W. CA3

Filed 1/24/14 In re K.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.W. et al., Persons Coming Under the Juvenile Court Law.

SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, C072514

Plaintiff and Respondent, (Super. Ct. Nos. JD232316, JD232317) v.

Wanda W.,

Defendant and Appellant.

Wanda W., mother of the minors, appeals from the judgment of disposition. (Welf. & Inst. Code, §§ 360, 361, 395.)1 Mother contends the juvenile court erred in failing to order services tailored to her needs as a developmentally disabled individual before determining she was unable to benefit from services pursuant to the bypass

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

provision of section 361.5, subdivision (b)(2).2 Mother does not argue that substantial evidence did not support the bypass order, but instead argues there is insufficient evidence to support the juvenile court’s finding that reasonable efforts had been made to provide necessary services to mother. Mother also argues she was denied due process because she did not have a fair opportunity to show whether she was capable of properly caring for the minors before services were bypassed. We conclude substantial evidence supports the juvenile court’s finding that reasonable efforts were made. We reject mother’s due process claim because she had notice the bypass provision was being considered and participated in the hearing on the issue. Accordingly, we affirm the judgment. FACTS The minors, K.W. and M.W., were born prematurely in March of 2012. Eleven days later a mandated reporter informed the Sacramento County Department of Health and Human Services (Department) that mother appeared to be unable to learn basic child care skills although the nurses had worked with her on these skills since the minors were born. On April 4, 2012, the social worker spoke to hospital staff who provided examples of mother’s inability to care for the minors and difficulty processing information when staff attempted to instruct her on basic child care. Staff was concerned about the maternal grandmother’s apparent lack of support for mother. Hospital records showed mother had been assessed and diagnosed as having a developmental disability. The doctor told the social worker that the minors, while medically fragile, were ready for