K.J. v. Super. Ct. CA2/6

Filed 9/3/14 K.J. 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 CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

K. J., 2d Civil No. B255895 (Super. Ct. Nos. J069093, J069094) Petitioner, (Ventura County)

v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent;

VENTURA COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

K. J. (Mother) files a petition for extraordinary writ challenging an order terminating reunification services and setting a hearing pursuant to Welfare and Institutions Code section 366.26.1 We deny the petition. FACTUAL AND PROCEDURAL HISTORY Mother and Gregory J. (Father) have two sons, one born in 2007, and the other born in 2008. Mother suffers from schizophrenia. Her symptoms are under

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

control with medication and therapy. In 2012, Father had sole custody of the children and Mother was living in Colorado. Mother had not seen the children for almost a year. Father suffers from bipolar disorder and has a history of substance abuse, especially alcohol. In October 2012, when the children were three and five years old, Father was arrested for endangering them. He and the children were flooding a neighbor's yard and spraying water into the home in retaliation for prior Child Protective Services' reports. He was drunk and the children were naked, dirty, and unfed. The Ventura County Human Services Agency (HSA) detained the children and filed a petition pursuant to section 300. As to Mother, the petition alleged that her mental health rendered her unable to care for the children, as evidenced by a lack of contact for over a year. The juvenile court ordered the children removed. In November, it conducted a jurisdictional hearing at which both parents appeared. In January 2013, the juvenile court sustained the allegations of the petition. It ordered a reunification plan for Mother that included mental health counseling, psychotropic medication evaluation and monitoring, and parenting classes. By March 2013, Mother had completed her parenting class. She was speaking daily with the children by telephone and visited them "with the assistance of the maternal grandfather." The visits were "reported to go well and [were] beneficial to the children." HSA initiated a process with the State of Colorado to arrange a home study for potential placement with Mother pursuant to the Interstate Compact on the Placement of Children (ICPC). (Fam. Code, § 7900, et seq.) HSA reported that Father had aggressive outbursts during his supervised visits with the children. In May, Mother petitioned for liberalized visits in her Colorado home leading to placement, including a summer visit. The children had not yet visited there. Mother had visited Ventura three times for court appearances and visited the children each day of those visits. HSA reported, "[W]hen and if the State of Colorado has approved the mother's home then the [HSA] will make arrangements for a summer