In re Victoria P. CA5

Filed 8/12/16 In re Victoria P. CA5 Received for posting 8/16/16

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re Victoria P. et al., Persons Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF HUMAN F072245 SERVICES, (Kern Super. Ct. Nos. JD132731 & Plaintiff and Respondent, JD132732)

v. OPINION ANGELA H.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. William D. Palmer, Judge. Caitlin Christian, under appointment by the Court of Appeal, for Defendant and Appellant. Theresa A. Goldner, County Counsel, and Kelley D. Scott, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Peña, J.

INTRODUCTION Victoria and Danielle, both over 12 years old, were removed from the custody of their mother by the Kern County Department of Human Services (department) after their father in Ohio failed to assume custody and remove them from an unsafe environment. The children were placed in foster care and family reunification services were recommended for both parents. At disposition, the juvenile court placed the children in Ohio with their father and terminated jurisdiction, despite the children’s, department’s, and mother’s objection. Mother appealed contending the juvenile court erred in placing the children with their father and terminating jurisdiction. The department filed a letter stating it agreed with mother’s appeal. We reverse the placement order and termination of jurisdiction and order further proceedings. FACTUAL AND PROCEDURAL SUMMARY On September 23, 2014, the department was in contact with father in Ohio. Father stated he was aware Victoria and Danielle were in an unsafe home, there was violence in the home, and mother was using methamphetamines. The department repeatedly recommended father assume custody of the children, stating he could assume custody at any time. Father took no action, and the conditions in the children’s home did not improve. Consequently, in January 2015, the department took action to file a dependency petition and remove the children from mother’s custody. The juvenile court sustained the Welfare and Institutions Code section 3001 petition based upon mother’s drug use and the condition of the home. The children were placed in foster care and doing well. A maternal great aunt applied for placement.