Charlotte M. v. Super. Ct. CA1/5

Filed 6/26/14 Charlotte M. v. Super. Ct. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

CHARLOTTE M., Petitioner, v. THE SUPERIOR COURT OF CONTRA A141676 COSTA COUNTY, (Contra Costa County Respondent; Super. Ct. No. J13-01363) CONTRA COSTA COUNTY CHILDREN & FAMILY SERVICES BUREAU et al., Real Parties in Interest.

Petitioner Charlotte M. (Mother) seeks writ review (Cal. Rules of Court, rule 8.452) of the decision of the juvenile court setting a hearing under Welfare and Institutions Code section 366.26,1 following an order denying Mother reunification services with her daughter, C.J. We deny the petition. BACKGROUND On December 26, 2013, the Contra Costa County Children & Family Services Bureau (Bureau) filed a section 300 petition on behalf of C.J., then four days old. Mother pled no contest to the petition’s allegation that C.J. was at risk of serious physical harm

1 All undesignated section references are to the Welfare and Institutions Code.

1

because, at C.J.’s birth, both Mother and C.J. tested positive for amphetamine and Mother used methamphetamine during her pregnancy with C.J.2 (§ 300, subd. (b).) A contested dispositional hearing was held on April 21, 2014. As set forth in the Bureau’s written report, Mother has five other children who were detained from her custody. The juvenile court took judicial notice of certain dependency records regarding two of these children, J.J. and I.J. Section 300 petitions were filed on behalf of J.J. and I.J. in April 2013. In May 2013, the juvenile court sustained allegations that J.J. and I.J. lived in an uninhabitable home, Mother has an “ongoing and chronic” drug problem preventing her from adequately providing for the minors, and Mother and the minors’ father have a history of engaging in domestic violence in front of the minors. In July 2013, J.J. and I.J. were adjudged dependents of the juvenile court and reunification services were ordered. On March 25, 2014, approximately one month before the dispositional hearing on C.J.’s petition, the juvenile court terminated services with respect to J.J. and I.J. The written order included the finding, “Parents failed to participate in court-ordered treatment.” After C.J.’s section 300 petition was filed, Mother was arrested for shoplifting. Mother testified at the dispositional hearing that the criminal court informed her she would be released from custody into a residential substance abuse treatment program if she were able to secure a placement. Mother applied to two such programs after her incarceration, but no beds were available. She testified she was still trying to secure placement in such a program. In addition, while in custody Mother enrolled in a substance abuse education class. She earned custody credits for her participation in that program. Her release date was originally July 5, but would be sooner because of this participation. According to the Bureau’s report, Mother did not engage in any services until she was incarcerated, and did not comply with the case plan in J.J.’s and I.J.’s cases. She