In re M.M. CA3

Filed 3/24/16 In re M.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re M.M., a Person Coming Under the Juvenile C078910 Court Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. No. JD235339) HEALTH AND HUMAN SERVICES,

Plaintiff and Respondent,

v.

T.M.,

Defendant and Appellant.

T.M. (mother) appeals from the judgment of disposition removing minor M.M. from her custody. (Welf. & Inst. Code, §§ 300, subd. (b), 360-361.)1 Mother contends (1) insufficient evidence supported the juvenile court’s finding of jurisdiction, because there is no causal connection between mother’s mental condition and a substantial risk of

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

serious physical harm to minor, and (2) if this court reverses the juvenile court’s jurisdictional finding, it must also reverse the juvenile court’s dispositional findings. We conclude substantial evidence supports the juvenile court’s finding that mother’s mental health condition placed the minor at substantial risk for physical harm, and that the juvenile court properly asserted jurisdiction over minor. As a result, defendant’s second contention also fails. We will affirm the judgment. BACKGROUND The Sacramento County Department of Health and Human Services filed a section 300 petition in October 2014 on behalf of the then seven-year-old minor, alleging mother was unable to provide regular care for minor due to mother’s untreated mental health problems. (§ 300, subd. (b).) The juvenile court ordered emergency detention. Mother was diagnosed with bipolar disorder, obsessive compulsive disorder (OCD), and post-traumatic stress disorder (PTSD). She had hallucinations and erratic behavior. The social worker said mother spoke rapidly and had difficulty focusing on a single idea. Minor was aware her mother saw and heard people who were not there. Minor stated she does not feel safe when mother “ ‘acts crazy and makes me scared’ and says things that are not really going to happen.” Minor once climbed a tree to verify mother’s claims of people climbing on the roof. Mother admitted her diagnoses but otherwise appeared to be in denial about her mental illness. Although mother reported taking Zoloft every day, she was not compliant with her prescription medication. Mother needed to take the anti-psychotic drug Seraquil daily, but she only took it on an “as needed” basis, most recently in August 2014. Mother’s case worker reported Zoloft alone is not sufficient to address mother’s symptoms and diagnoses, and unless mother managed her symptoms, it would be difficult to move forward in her life. Mother also denied needing counseling, describing her mental illness as “help[ing] [her] parenting.”