In re N.C. CA1/3

Filed 7/28/14 In re N.C. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re N.C. et al., Persons Coming Under the Juvenile Court Law.

DEL NORTE COUNTY DEPOARTMENT OF HEALTH AND HUMAN SERVICES, A140372 Plaintiff and Respondent, v. (Del Norte County Super. Ct. No. JVSQ13-6017, JVSQ13- J.B., 6018) Defendant and Appellant.

J.B. (Mother), mother of N.C. and M.C. (the Twins), born in January 2007, appeals from orders made at a November 2013 interim review hearing in the Twins’ dependency cases. We are familiar with the cases, because we recently decided Mother’s appeals from orders at the April 2013 disposition (In re N.C. (May 5, 2014, A138503) [nonpub. opn.]), and orders at the October 2013 six-month review (In re N.C. (June 24, 2014, A140027) [nonpub. opn.]). A central issue in the November review hearing was Mother’s visitation with the Twins. Mother argues that the court improperly delegated control over visitation to the county Department of Health and Human Services (Department), and erroneously failed to specify the minimum number of hours of visitation she would receive. She also

1

contends that, if the court made an implied finding that she was receiving reasonable services, the finding was not supported by substantial evidence. We find no error and affirm the orders at the November interim review. I. BACKGROUND As noted in our prior opinions, much of the planning in the cases was deferred pending receipt of a custody and sexual abuse evaluation conducted by Dr. Jacqueline Singer, as ordered in the parents’ divorce case. The court received Singer’s report after the six-month review hearing, and admitted it into evidence at the November interim review. Dr. Singer could not definitively determine whether D.C. (Father) sexually abused the Twins as Mother has alleged. She found it “impossible to say that because the girls appear happy at their father’s home, and are doing well in school that [Father] is not molesting them,” and it was “possible that molest continues, though [the] girls have made no reports and are not exhibiting any troubling behavior.” However, Dr. Singer thought that it was “equally, and more likely, that molest is not occurring, the children are happy and that accusations have stopped because the only contact mother has with them is closely monitored. It is noteworthy that since her visits have been at CPS, no additional allegations have been made.” Singer recommended that Father have sole legal and physical custody of the Twins. Singer had “concerns about possible abduction by [Mother] and as such she should not have legal custody.” Her psychological testing of Mother revealed “considerable character pathology.” Among other things, when Mother “attempts to think through problems, she can at times distort her perceptions and her understanding of others and their motives. [Mother] shows challenges in thinking clearly and having accurate perceptions. At times, her thought process can be disturbed and her thinking can be illogical. She can become disorganized around what she experiences as internal versus external, and she can attribute inaccurate motives to others.” Mother obtained court funding for a psychological assessment of her by Dr. Edwin Jenesky, which the court also took into evidence at the interim review. The court