In re S.H. CA1/3

Filed 9/25/15 In re S.H. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re S.H., a Person Coming Under the Juvenile Court Law.

CONTRA COSTA COUNTY CHILDREN AND FAMILY SERVICES BUREAU, Plaintiff and Respondent, A144343 v. (Contra Costa County D.S., Super. Ct. No. J14-00780) Defendant and Appellant.

D.S. (mother) appeals a juvenile court dispositional order finding that her mental health disability posed a risk of harm to her daughter that necessitated the child’s removal from her custody and placement with the child’s formerly noncustodial father. (Welf. & Inst. Code, § 361, subd. (c)(1), 361.2, subds. (a), (b)(1).)1 Mother contends there is insufficient evidence the child was at substantial risk of harm and that the child could have been safely maintained in her home with family maintenance services. We shall affirm the order.

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

1

Statement of Facts Detention and Jurisdiction Hearings On July 19, 2014, mother was taken into custody for psychiatric evaluation and treatment after the police found her wandering in a delusional state with her young daughter, S.H. (§ 5150.) Her daughter, then seven years old, was taken into protective custody and the Contra Costa County Children and Family Services Bureau (county) filed a juvenile dependency petition alleging that mother “suffers from mental health disabilities which impair[] her ability to adequately care and protect the child.” (§ 300, subd. (b).) The county prepared a report summarizing the circumstances of mother’s detention. A police officer was summoned to a Concord hotel and told by hotel employees that mother “had been disruptive with both staff and guests and they were afraid she would start a violent confrontation.” The officer found mother “wandering the hotel” accompanied by her daughter. Asked what she was doing, mother said she was waiting for her husband, actor and musician Tyrese Gibson, “to finish filming a movie and pick her up.” Mother made a number of “bizarre claims” that led the officer to conclude mother was delusional and “disconnected from reality.” The claims included mother’s assertions that she is the daughter of Joe Jackson (father of the Jackson Five musical group), an Internal Revenue Service agent, was paid $6.2 million by the financial group JP Morgan to care for elderly and handicapped persons at the hotel where she was located, and works for President Obama who “kept watch over her daily from a helicopter.” Believing mother to be a danger to herself and her daughter, the officer decided to place mother in a psychiatric facility. Mother agreed “she needed to talk with someone because she ‘did not feel right’ and ‘needed someone’s help.’ ” A county social worker took custody of the child and interviewed her. The child said the Concord hotel was the second hotel she and mother had stayed in within the last few weeks after their Antioch home had the electricity shut off because “mommy didn’t have the money to pay the PG & E.” The social worker also conducted interviews of family members. A maternal cousin said she had taken care of the child during the