In re Ariana B. CA2/2

Filed 10/1/15 In re Ariana B. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re ARIANA B. et al., Persons Coming B262781 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK74007)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

STEPHANIE O.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Timothy R. Saito, Judge. Affirmed. Michelle L. Jarvis, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, Tyson B. Nelson, Deputy County Counsel, for Plaintiff and Respondent. ******

After the juvenile court terminated reunification services more than a year after asserting dependency jurisdiction over Stephanie O.’s (mother) three children, mother 1 filed a petition under Welfare and Institutions Code section 388 that sought to reinstate reunification services on the ground that mother had completed a residential drug treatment program and other counseling programs. The juvenile court concluded that her efforts, while commendable, constituted only “changing circumstances” (rather than “changed circumstances”) and that reinstating reunification was not in the best interest of the children. On the record before us, the juvenile court did not abuse its discretion. We accordingly affirm. FACTUAL AND PROCEDURAL BACKGROUND Mother has three children—Ariana B. (born 2005), David B. (born 2007), and S.B. (born 2008). Mother and the children were involved in a car accident in August 2012, and hospital staff suspected mother was under the influence of drugs and contacted the Los Angeles County Department of Children and Family Services (Department). When the Department interviewed the children, each reported that mother had beat them with a belt and S.B. indicated the beatings left marks and bruises. Mother also has a longstanding drug addiction: She started using “speed” at age 18, although she had experienced periods of sobriety of up to three years; she sustained a 2007 conviction for possessing a controlled substance; and the juvenile court from 2008 through 2011 asserted dependency jurisdiction over the children due to her methamphetamine use. Moreover, two of the children reported during their interview that mother used drugs: Ariana said mother smoked “weed,” but that the “weed” was “white and she smokes it in a pipe”; David said mother smoked green “weed” and “smokes something else, too, but I’m not going to tell you.”