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

Filed 4/22/15 C.K. 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 CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

2d Civ. No. B261407 C.K., (Super. Ct. No. JV51905) (San Luis Obispo County) Petitioner,

v.

SAN LUIS OBISPO COUNTY SUPERIOR COURT,

Respondent;

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

C.K. (mother) challenges an order of the juvenile court terminating reunification services and setting a permanent plan hearing regarding her minor child C.V. (minor). (Welf. & Inst. Code, §§ 366.26, subd. (c), 388.)1 We deny her petition for extraordinary writ.

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

FACTUAL AND PROCEDURAL HISTORY Detention When minor was two months old, the San Luis Obispo County Department of Social Services (DSS or the Department) filed a dependency petition alleging her parents failed to protect her due to substance abuse problems and ongoing domestic violence between them. (§ 300, subd. (b).) The detention report stated that approximately two weeks before the petition, while mother was holding minor, mother and T.V. (father) engaged in a physical altercation that resulted in his arrest. An imminent risk team decision-making meeting was held. The parents signed a safety plan agreeing to refrain from further substance abuse and domestic violence. Father agreed not to have contact with minor unless supervised by the paternal grandmother. Later that day father used methamphetamine. With minor in their care, mother and father spent the weekend in a motel in Atascadero where they used methamphetamine and reportedly argued. Mother reportedly drank alcohol. Both parents failed to show up for drug testing. The juvenile court ordered minor's detention and placement in a suitable home. Jurisdictional and Dispositional Hearing At the combined jurisdictional and dispositional hearing, mother and father submitted on DSS's recommendation of six months of reunification services. There were reports that they continued to fight on a regular basis. Mother denied having an alcohol problem but could not explain why she continued to drink knowing that it violated the terms and conditions of her probation or parole. Father admitted having a drug problem and continuing to use drugs and claimed to be looking for a residential treatment center. Mother's minimization of and lack of insight into her substance abuse was "[o]f great concern" to DSS. It was also concerned with mother's stated unwillingness to separate from father despite her awareness of his continued drug use and the continued verbal and physical altercations between them. The juvenile court found that minor's parents had minimally complied with the case plan and ordered six months of reunification services with supervised visits for each parent.