Stephanie B. v. Super. Ct. CA2/6

Filed 7/17/14 Stephanie B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

STEPHANIE B., 2d Civil No. B255265 (Super. Ct. Nos. J067003, Petitioner, J067004, J067005) (Ventura County) v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent;

VENTURA COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

In this dependency case Mother petitions for an extraordinary writ to reverse the trial court's order bypassing services and setting the matter for a hearing pursuant to Welfare and Institutions Code section 366.26.1 We deny her petition. FACTS Stephanie B. (Mother) is the mother of Anthony S., born December 2001, Jesse S., born July 2004, and H. S. born October 2005. Jacob S. (Father) is

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

the children's father. Both parents have a history of drug abuse. This is not the first proceeding involving the parents and their children. The first dependency proceeding began in April 2008. The police were dispatched to Mother's home. They found Mother was under the influence of methamphetamine, the home and the children were dirty, there was no food in the home and the children had not eaten that day. The police arrested Mother for being under the influence of methamphetamine and child endangerment. The Ventura County Human Services Agency (HSA) took custody of the children and filed a dependency petition. The juvenile court declared the children dependents of the court. Mother was offered reunification services. By the 12-month review, Mother had done well enough in her case plan that the dependency was terminated and her children were returned to her. This dependency proceeding began in January 2014. The children were living with Father. While the children were at school, the police arrived at Father's apartment with a search warrant. Father refused to answer the door so the police forced an entry. They saw Father flushing drugs down the toilet. The police seized over one-half pound of methamphetamine in the apartment, some of it within reach of the children. Father was arrested for possession of a controlled substance for sale. HSA detained the children. The day the children were detained, HSA could not locate Mother. Mother called HSA the next day. She said she had not had a stable living situation "in a while." She claimed she knew Father would eventually be arrested. When that happened, she planned to move into Father's apartment and take care of the children. She admitted she was awaiting disposition of drug charges alleged against her. A juvenile dependency petition alleged the children came within the jurisdiction of the court pursuant to section 300, subdivisions (b), (g) and (j). The juvenile court found the children to be dependents of the court. The court ordered