Antoinette F. v. Superior Court CA2/7

Filed 3/14/16 Antoinette F. v. Superior Court CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

ANTOINETTE F., B268280

Petitioner, (Super. Ct. No. DK04636) v.

THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES,

Respondent.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26. Debra L. Losnick, Juvenile Court Referee. Petition denied. Zaragoza Law Office and Gina Zaragoza for Petitioner. No appearance for Respondent. Mary C. Wickham, County Counsel, Dawyn R. Harrison, Assistant County Counsel, Aileen Wong, Deputy County Counsel for Real Party in Interest Los Angeles County Department of Children and Family Services. _______________________________

Petitioner Antoinette F. seeks extraordinary relief (Welf. & Inst. Code, § 366.26, subd. (l);1 Cal. Rules of Court, rule 8.452) from the juvenile court’s order, made at a combined 12-month (§ 366.21, subd. (f)) and 18-month (§ 366.22) review hearing, setting a hearing pursuant to section 366.26 to consider termination of parental rights and implementation of a permanent plan for her daughter Avery A. We deny the petition. FACTUAL AND PROCEDURAL BACKGROUND On April 21, 2014 the Los Angeles County Department of Children and Family Services (Department) filed a section 300 petition to declare then four-month-old Avery a dependent child of the court. The petition alleged Avery was at risk due to her father’s abuse of illicit drugs and Antoinette’s failure to protect Avery. (§ 300, subd. (b).) On June 16, 2014 the juvenile court sustained the petition, ordered Avery suitably placed and ordered the Department to provide reunification services to Antoinette. On October 26, 2015 the juvenile court conducted the combined 12-month and 18-month review hearing. As of the date of the hearing Antoinette had received 18 months of reunification services. In reports for the hearing the Department indicated Antoinette was not consistent in her visitation with Avery and her visits were not successful: She arrived late for visits, was unable to care for Avery’s basic needs without prompting by the social worker, was inattentive and did not interact with Avery. Included in the Department’s filings was the report of Susie Morris, M.D., M.A., who had been appointed by the court to conduct a psychological evaluation of Antoinette. (Evid. Code, § 730.) Dr. Morris, who diagnosed Antoinette with dependent personality disorder, methamphetamine use disorder and alcohol use disorder, opined Antoinette’s contact with Avery should be limited to monitored visits until Antoinette successfully completed individual therapy, maintained sobriety, completed parenting classes and acquired competent parenting skills. Dr. Morris reported that Antoinette’s stress reaction to the loss of custody of Avery was “bizarrely minimal” and, although she recommended