In re Gabriela O. CA2/1

Filed 12/31/15 In re Gabriela O. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re GABRIELA O., a Person Coming B260718 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97552)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ANGELICA O.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Julie Fox Blackshaw, Judge. Affirmed in part, reversed in part, and remanded. Nancy Rabin Brucker, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Kimberly Roura, Deputy County Counsel, for Plaintiff and Respondent. __________

Angelica (mother) appeals from juvenile court orders: (1) terminating its jurisdiction over her daughter, Gabriela; (2) appointing Gabriella’s cousin, Erika, as Gabriela’s legal guardian; and (3) ordering monitored mother-daughter visits only with Gabriela’s consent. Mother contends that the court abused its discretion by terminating its jurisdiction and by delegating its authority to Gabriela to consent to mother-daughter visits. We agree as to the juvenile court’s visitation order, reverse that order, and remand with directions. FACTUAL AND PROCEDURAL BACKGROUND The Los Angeles County Department of Children and Family Services (DCFS) first intervened in this case on January 27, 2013, when Gabriela was 13 years old. In an incident that day, while mother and daughter were arguing, mother hit Gabriela in the face with an open hand and grabbed Gabriela by the hair, dragging Gabriela to her bedroom. Gabriela left the house and went to the home of her maternal cousin, Erika, with whom mother has a contentious and strained relationship. Erika contacted law enforcement, who, in turn, contacted the DCFS. In separate interviews with a law enforcement officer and a DCFS social worker, Gabriela reported that mother had been emotionally and physically abusing Gabriela since Gabriela was three years old. Gabriela’s maternal aunt, Erika, and grandmother also reported mother’s consistent verbal and physical abuse of Gabriela. Mother, for her part, denied any such abuse. At the detention hearing on January 31, 2013, the juvenile court ordered Gabriela detained and ordered family reunification services, including individual counseling for mother and daughter. The court further ordered monitored visits in a therapeutic setting only. DCFS released Gabriela to her cousin, Erika. Starting in March 2013, mother began individual counseling. Gabriela started individual counseling in April 2013. At that time, Gabriela refused any contact with mother and reported to a DCFS investigator that she was afraid to see mother and did not want to return to live with her. Gabriela’s therapist, Nancy Lozano, said Gabriela suffered from symptoms of post-traumatic stress disorder, as Gabriela became nervous and fearful when she spoke about her mother.