In re D.F. CA3

Filed 5/20/15 In re D.F. CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

In re D.F. et al., Persons Coming Under the Juvenile C077749 Court Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. J06151) AGENCY,

Plaintiff and Respondent,

v.

L.F.,

Defendant and Appellant.

1

Leticia F., mother of the minors, appeals the juvenile court’s denial of her petition for modification. (Welf. & Inst. Code, §§ 388, 395.)1 She contends the court erred in denying her petition without a hearing. Disagreeing, we shall affirm. FACTS In November 2012, minors D.F., age 11, Da.F., age nine, J.F., age four, and A.F., age two, were detained due to physical and emotional abuse of the older children by father and mother’s failure to protect the minors from ongoing domestic violence. The juvenile court ordered the San Joaquin County Human Services Agency (Agency) to provide services for both parents. The status report for the 12-month review stated that mother, despite extensive therapy, was unable to objectively assess her violent relationship with father or show she could protect the minors from abuse. The Agency recommended termination of services. At the 12-month review hearing held in April 2014, mother’s therapist testified mother had recently begun to show some insight and understanding of codependency. The therapist testified she was cautiously optimistic more therapy might help mother, depending on her motivation. She acknowledged that it could take years for mother to separate from unhealthy relationships and success would depend on mother. The therapist remained concerned about mother’s ability to consistently set boundaries. The juvenile court determined mother had made only limited progress, noting that her therapist was only cautiously optimistic about her ability to make further progress. The court terminated services for both parents and adopted a plan of long-term foster care. Five months later, in September 2014, mother filed a petition for modification seeking placement of the minors. Mother alleged the changed circumstances that she had continued in therapy and dealt with her codependency issues. Mother alleged the