In re Nathan P. CA2/6

Filed 1/21/15 In re Nathan P. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re the Matter of NATHAN P., et al., 2d Civil No. B259315 (Super. Ct. No. JV51513) Minors. (San Luis Obispo County)

B. L., Petitioner, v. THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY, Respondent; SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES, Real Party in Interest.

B. L., the biological mother of Nathan P. (age 11), Tristan P. (age nine), Grayson P. (age eight), S. P. (age six), Jayden P. (age four), and Ashton B. (age two) seeks extraordinary writ relief from a September 26, 2014 order terminating reunification services and setting the matter for a permanent placement hearing. (Cal. Rules of Court, rule 8.452; Welf. & Inst. Code, § 366.26.)1 Mother claims that the trial court abused its discretion in not returning the children or extending reunification services. (§ 352; In re Elizabeth R. (1995) 35 Cal.App.4th 1774.) We deny the writ petition.

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

Factual and Procedural History Mother has a long history of domestic violence and substance/alcohol abuse that has undermined the safety and well being of her six children. 2 On March 18, 2013, San Luis Obispo County Department of Social Services (DSS) filed a petition for failure to protect (§ 300, subd. (b)) and serious emotional damage (§ 300, subd. (c)) based on Mother's on-going domestic violence with her boyfriend, Daniel B. DSS reported that all the children have been exposed to domestic violence and engage in aggressive behaviors. Grayson (age eight) suffers from explosive outbursts and has been diagnosed with ADHD and PTSD. His outbursts at school include yelling, cursing, punching, flipping desks over, and striking teachers and classmates. Grayson's behavior was so violent that he was not allowed on the playground with other children. At an October 16, 2013 mental health evaluation, Grayson was placed on an involuntary psychiatric hold and received psychiatric treatment until October 22, 2013, when he was released to a specialized foster home that was caring for Tristan. Tristan (age nine) suffers from PTSD, Anxiety Disorder, and Manic Depressive Disorder. He frequently runs away from school and has episodes of violence which require that he be sent home. Jayden (age four) is intellectually delayed, has been diagnosed with cerebral palsy, and is physically aggressive and struggles with transitions. Both Jayden and Tristan have episodes of self-harm behavior and hit and bite themselves. At the combined jurisdictional/disposition hearing, mother admitted that her boyfriend, Daniel B., beat her in front of the children and threatened to kill her and the children. On one occasion, Daniel B., while drunk and under the influence of cocaine, beat mother for three hours in front of Jayden. Mother reunited with Daniel B. after he was released from jail, only to be beaten again.