T.G. v. Super. Ct. CA2/6

Filed 6/25/14 T.G. v. Super. Ct. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

T.G., 2d Civil No. B255128 (Super. Ct. No. J069819) Petitioner, (Ventura County)

v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent;

VENTURA COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

T.G., the mother of Z.A., an infant, files a petition for extraordinary writ (Cal. Rules of Court, rules 8.452, 8.456) challenging orders of the juvenile court which bypassed family reunification services and set a Welfare and Institutions Code section 366.261 hearing to consider termination of her parental rights. We conclude, among other things, that the trial court did not err by ordering family reunification services to be bypassed. (§ 361.5, subd. (b)(10), (13).) We deny the petition.

1 All references are to the Welfare and Institutions Code unless otherwise stated.

FACTS On January 14, 2014, the Ventura County Human Services Agency (HSA) filed a juvenile dependency petition (§ 300) alleging T.G. has a history of substance abuse which includes the use of methamphetamine. T.G. was arrested for possession of a controlled substance and a "smoking device" on October 17, 2013. She gave birth to Z.A. in January 2014 while she was incarcerated. HSA said her substance abuse problems, her "history of mental illness," and her "criminal lifestyle" interfere with her ability "to provide care and support" for the infant. HSA noted that T.G. "has a history of failing to provide care and support" for her other children. Three of them had been declared to be dependent children under section 300 by the juvenile court. C.M., T.G.'s daughter, was declared a dependent of the juvenile court on March 17, 2009, because of T.G.'s "chronic substance abuse and incarceration." HSA provided services to T.G., but she "could not maintain her sobriety and a legal guardianship was created in . . . 2009." D.D., T.G.'s son, was declared a dependent of the juvenile court because of her "incarceration" and "substance abuse." On December 1, 2008, reunification services were terminated for T.G. In 1997, M.M., T.G.'s son, tested positive for cocaine "at the time of his birth." He remains in "long term foster care." HSA represented to the court that reunification services for this child "were just terminated September 3rd of 2013." On January 15, 2014, HSA filed a detention report recommending that infant Z.A. "remain detained and that the matter be set for a Jurisdiction and Disposition hearing." The trial court ordered the child to be "detained in foster care." It said, "It is contrary to the child's welfare to continue in the home of the parents." On February 5, 2014, HSA provided a supervised visit between T.G. and the infant. On March 18, 2014, HSA filed a jurisdiction/disposition report. It said that returning the child to T.G. "would create a substantial risk" and would be detrimental to