In re J.R. CA2/8

Filed 10/27/14 In re J.R. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re J.R., a Person Coming Under the B251280 Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK92758) FAMILY SERVICES,

Plaintiff and Respondent,

v.

JENNIFER W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Jacqueline Lewis, Juvenile Court Referee. Affirmed.

Joseph D. Mackenzie, under appointment by the Court of Appeal, for Appellant.

John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and John C. Savittieri, Deputy County Counsel.

__________________________

Jennifer W. (mother) appeals from the April 18, 2013 order sustaining a Welfare and Institutions Code section 342 subsequent petition and placing her daughter, J.R., with father.1 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Born in October 2000, J.R. became the subject of a bitter custody dispute which generated eight referrals to the Department of Children and Family Services (DCFS) from 2003 through 2010, each of which was concluded as inconclusive or unfounded. Eventually, a family law order gave father full physical custody and mother visitation. In February 2012, father voluntarily enrolled in an out-patient alcohol treatment program. J.R. came to DCFS’s attention again on March 1, 2012, when she was hospitalized upon revealing suicidal ideations to a school nurse. The hospital social worker reported that J.R. said she was afraid to tell father that she wanted to live with mother. The DCFS social worker concluded that the matter should be resolved in the family court. But soon after being released to mother following a 72-hour hold, J.R. was readmitted after she had a panic attack in response to being told that she would be returning to father’s care. J.R. was still hospitalized when she told a social worker she wanted to live with mother so they could talk about “girl stuff.” J.R. said father had mood swings, yelled at her for no reason and was often intoxicated. J.R. threatened to kill herself if forced to return to father. Although he believed mother was coaching J.R., father eventually agreed she could live with mother on the condition that he have unmonitored weekend overnight visits. J.R. was returned to mother that same day. DCFS filed a section 300 petition almost two weeks later, on March 28, 2012. When the social worker met with J.R. at school, J.R. said she did not know why DCFS was involved or why she was detained from father and placed with mother. J.R. stated that father “goes berserk” when he is not drinking, but is nicer when he drinks and