In re C v. and Orion M. CA2/6

Filed 3/17/15 In re C.V. and Orion M. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re C.V. and ORION M., Persons 2d Juv. No. B261009 Coming Under the Juvenile Court Law. (Super. Ct. No. JV49706) (San Luis Obispo County) SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. KELLY H, Defendant and Appellant.

Kelly H. (mother) seeks extraordinary writ review of a December 3, 2014 1 juvenile court order denying her petition (Welf. & Inst. Code, § 388) to return her children, C.V. and Orion M., and an order setting the matter for a permanent placement hearing (§ 366.26, Cal. Rules of Court, rule 8.452). The trial court found that reinstatement of family maintenance services or return of the children was not in their best interests. (§ 388.) We deny the writ petition. Facts and Procedural History Mother has a long history of drug and alcohol abuse and domestic violence that resulted in the removal of C.V. and Orion M. on December 29, 2010, for general neglect and physical abuse. (§ 300, subds. (b) & (e)).) Orion tested positive for 1 All statutory references are to the Welfare and Institutions Code.

marijuana at birth and was first placed in foster care when he was six months old. His birth father had a long history of alcohol related arrests and domestic violence with mother. On July 14, 2011, the children were returned and mother was provided family maintenance services. In January 2012, San Luis Obispo County Department of Social Services (DSS) placed the children in a shelter after mother drank and drove with the children in the car. Family members reported that mother was using drugs and had punched C. The children were difficult to place due to their extreme behaviors. Orion had significant speech delays and suffered from an eating disorder. He was physically aggressive and would walk up to kids and shove or hit them. Orion (age 5) was physically abusive with C. and his foster mother, and masturbated seven or eight times a day to relieve stress. The sexual behavior increased when he was stressed or anxious. C. (age six) suffered significant development issues, wetted her bed, and was unable to sit still. She had frequent outbursts, screamed and yelled, was physically aggressive, and had poor social skills. In February 2012, C. was prescribed psychotropic medication for behavioral problems that included tantrums, hitting, spitting, swearing, sexual acting out, and putting dangerous objects in her ears. Although mother missed no supervised visits, the children acted out before and after visits. The service providers and foster mother, however, saw a remarkable improvement after contact with the children's fathers was suspended and phone contact 2 with mother was stopped.