D.H. v. Superior Court CA2/6

Filed 3/14/16 D.H. v. Superior Court CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

D.H., 2d Civil No. B268259 (Super. Ct. No. 14JV-00274) Petitioner, (San Luis Obispo County)

v.

THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY,

Respondent;

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

D.H. (Mother) has filed an extraordinary writ petition (Cal. Rules of Court, rules 8.452, 8.456) to set aside the juvenile court orders that (1) terminated her family reunification services with her daughter, L.D., a minor child coming under the juvenile court law (Welf. & Inst. Code, § 300, subds. (b) & (g)),1 and (2) set a section 366.26 hearing. We conclude, among other things, that Mother has not shown the juvenile court erred by terminating reunification services. The petition is denied.

1 All statutory references are to the Welfare and Institutions Code unless stated otherwise.

FACTS In August 2014, Mother was arrested for inflicting corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)) after she assaulted her boyfriend with a beer bottle while she was intoxicated. She was the mother of five-year-old L.D., eight-year- old S.D., and ten-year-old A.D. “The children witnessed the onset of the assault.” In July 2014, Mother drove a vehicle “into her neighbor’s home.” Mother was “unconscious and smelled of alcohol when law enforcement responded to the scene.” The San Luis Obispo County Department of Social Services (DSS) filed a juvenile dependency petition (§ 300, subds. (b) & (g)) alleging that Mother failed to protect L.D. and because of her incarceration she could not care for the child. DSS said Mother “had been unresponsive due to her consumption of alcohol while the children were in her care.” “The children report[ed] that on two occasions they have witnessed strangers coming to their door, giving [Mother] money,” and they saw Mother “providing them with pills out of a prescription bottle.” DSS placed L.D. with her maternal aunt. At an August 20, 2014, hearing, the juvenile court ruled the child, L.D., had to be detained and Mother had “some mental health issues.” The juvenile court conducted a combined jurisdictional and dispositional hearing. DSS claimed the domestic violence in Mother’s household had a negative impact on the five-year-old child. A social worker testified that L.D. told DSS that “she does not feel safe with [Mother] because of the fighting between [Mother] and [Mother’s] boyfriend.” The court found the child was a person described in section 300 and it sustained the petition. It removed the child from Mother’s custody and set six-month and 12-month review hearings. It ordered DSS to provide Mother with a case plan and reunification services. The case plan required, among other things, that Mother not use alcohol and/or illicit substances, she undergo drug testing, participate in treatment programs, and mental health counseling.