In re Matthew S. CA3

Filed 4/13/15 In re Matthew S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

In re MATTHEW S. et al., Persons Coming Under the C076913 Juvenile Court Law.

SHASTA COUNTY HEALTH AND HUMAN (Super. Ct. Nos. SERVICES AGENCY, 12JVSQ2941401, 12JVSQ2941501, Plaintiff and Respondent, 12JVSQ2941601, 13JVSQ2994601) v.

SHIRLEY C. et al.,

Defendants and Appellants.

Shirley C. and Gary C., parents of the minors, appeal from orders of the juvenile court terminating their visitation. (Welf. & Inst. Code, § 366.21, subd. (h) [further undesignated statutory references are to the Welfare and Institutions Code].) The parents argue the juvenile court abused its discretion by, according to them, allowing the Shasta

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County Health and Human Services Agency (Agency) to have absolute discretion to determine whether any visitation would occur. We disagree and affirm the juvenile court’s orders.

FACTS AND PROCEEDINGS

The three older minors, Matthew, age 4; Braylon, age 2; and Nevaeh, age 1, were first removed from parental care in August 2012 due to the parents’ methamphetamine use and ongoing domestic violence. The court adopted a reunification plan in October 2012 and over the next several months, the parents complied with the plan and made progress toward reunification. We note that Gary C. is the biological father of Braylon, Nevaeh and a fourth child, Dustin and the presumed father of Matthew. The terms “father” and “parents” refer only to Gary C. because Matthew’s biological father is not a part of the case. The court returned the minors to the parents in August 2013 under a family maintenance plan. At the review hearing in October 2013, the court continued the family maintenance plan. Dustin was born shortly before the October review hearing. In December 2013, the Agency filed supplemental petitions to again remove Matthew, age 5; Braylon, age 3; and Nevaeh, age 2, from parental custody due to the parents’ relapse into methamphetamine use and failure to comply with the family maintenance plan. The Agency also filed an original petition to remove two-month-old Dustin from parental custody for the same reasons. The court detained the minors and set visitation at one hour one time a month. During the detention hearing, father became angry and started to storm out of the courtroom with threats to hide the minors. Mother also lost control, began to scream foul names at the social worker and the deputy county counsel and behaved contemptuously to the court. Both parents were detained in the courthouse until the minors were in protective care.