In re X.D. CA6

Filed 9/22/15 In re X.D. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re X.D. et al., Persons Coming Under the H041760 Juvenile Court Law. (Santa Clara County Super. Ct. Nos. JD21801, JD21802 & JD21803)

SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES,

Plaintiff and Respondent,

v.

J.D. et al.,

Defendants and Appellants.

This appeal is brought by L.F. and J.D., the mother and father of three minor dependent children and one young adult who is a non-minor dependent of the juvenile court. The parents assert the trial court erred in granting the Santa Clara County Department of Family and Children’s Services’ (Department) Welfare and Institutions Code1 section 388 petition authorizing placement of the three younger children in a concurrent home in Alameda County.

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

STATEMENT OF THE FACTS AND CASE In April 2013, the juvenile court detained L.F. and J.D.’s four children: Jesse D. who was 17 at the time,2 X.D. (7), E.D. (3), and T.D. (10 months),3 due to the parents’ ongoing substance abuse and inability to meet the children’s basic needs. All of the children were placed together in a foster home. In May 2003, jurisdiction was continued, and the court ordered that the children were not to be separated without further order of the court. An addendum report dated June 7, 2013 recommended that both parents receive family reunification services. The foster home where the children were placed was an Emergency Satellite Home, which is considered a temporary placement. The foster parents were open to considering becoming a concurrent home. In August 2013, the court sustained the petition and removed the children from their parents’ custody. The Department was ordered to provide the parents with reunification services, including counseling, drug testing, substance abuse treatment, and 12-step meetings. Jesse turned 18 in February 2014, and was admitted as a non-minor dependent of the juvenile court. Reunification services as to him were terminated, but he remained in the foster home with his siblings. Both parents received reunification services until the 12-month hearing in July 2014. The court terminated J.D.’s services at that time, because he had not completed any of his case plan. The court continued reunification services for L.F until the 18-month hearing.