J.H. v. Superior Court CA1/5

Filed 12/30/15 J.H. v. Superior Court CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

J.H., Petitioner, v. THE SUPERIOR COURT OF CONTRA A146373 COSTA COUNTY, (Contra Costa County Respondent; Super. Ct. Nos. J15-00630, J15-00631) CONTRA COSTA COUNTY CHILDREN AND FAMILY SERVICES BUREAU, Real Party in Interest.

Petitioner J.H. (Mother) seeks writ review (Cal. Rules of Court, rule 8.452)1 of the decision of the juvenile court setting a hearing under Welfare and Institutions Code section 366.26,2 following an order bypassing reunification services with her children, S.D. and S.H. (collectively, Minors), pursuant to section 361.5, subdivision (b)(13).3 We deny the petition.

1 All further rule references are to the California Rules of Court. 2 All undesignated section references are to the Welfare and Institutions Code. 3 Section 361.5, subdivision (b)(13) provides reunification services may be bypassed where the juvenile court finds by clear and convincing evidence “[t]hat the parent or guardian of the child has a history of extensive, abusive, and chronic use of drugs or alcohol and has resisted prior court-ordered treatment for this problem during a three-year

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BACKGROUND In June 2015, the Contra Costa County Children and Family Services Bureau (Bureau) filed section 300 petitions on behalf of three-year-old S.D. and newborn S.H. The petitions alleged Mother “has a history of chronic poly-substance abuse that places [Minors] at risk of serious physical harm and neglect”; “engaged in substance abuse while pregnant” with S.D., resulting in his “being born with a positive toxicology for opiates and having to be treated for withdrawal symptoms with morphine”; and, with respect to S.D., “is unable to care for the child and has expressed her desire to give the child up for adoption.” In July, the juvenile court sustained the petitions’ allegations.4 A contested dispositional hearing was held in September. The following evidence appears in the Bureau’s detention/jurisdiction and disposition reports, the social worker’s testimony, and records of a criminal case which the juvenile court took judicial notice of. At birth S.H. weighed only three pounds ten ounces, tested positive for opiates, and was put on morphine for withdrawal. Mother stated she did not want to see the baby or bond with him, and planned to give him up for adoption.5 Mother admitted to using opiates for at least seven years. She claimed her use was because of health problems including arthritis and fibromyalgia. She initially reported she “buys Vicodin on the street.” Mother later told the Bureau she has prescriptions but never provided documentation to the Bureau.