In re R.D. CA1/5

Filed 8/16/16 In re R.D. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re R.D., a Person Coming Under the Juvenile Court Law.

SOLANO COUNTY DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Plaintiff and Respondent, A146846 v. (Solano County LISA H., Super. Ct. No. J43082) Defendant and Appellant.

Lisa H. (Mother) appeals from the juvenile court’s dispositional orders in this dependency case. Her sole challenge on appeal is to the court’s order regarding visitation. We affirm. BACKGROUND1 In July 2015, the Solano County Department of Health and Social Services (the Department) filed a Welfare and Institutions Code section 3002 petition regarding eight- year-old R.D. (Minor). The juvenile court subsequently sustained the following allegations, which Mother does not challenge on appeal: First, that “[Mother] has

1 Background facts not relevant to this appeal are omitted. 2 All undesignated section references are to the Welfare and Institutions Code.

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suffered periodically from depression and has not consistently followed the medication recommendations of her treating doctor. Moreover, [Mother] has not successfully addressed her history of substance abuse, periodically self-medicating w/methamphetamine and alcohol, in spite of prior intervention by the Department of Social Services of San Mateo County under a Voluntary Maintenance Plan. As a result, the mother’s ability to provide a safe and secure home for her daughter has been negatively impacted and [Minor] is at substantial risk of harm”; and second, that Mother and Joshua D. (Father), “have engaged in domestic violence, including physical and verbal incidents, in the presence of [Minor] with the most recent incident on July 23, 2015. [Minor] has exhibited symptoms of anxiety or emotional distress as a result of her exposure to ongoing domestic violence between the parents. Voluntary services provided by San Mateo County to the parents in 2008 and 2009 to address domestic violence have not been successful in ameliorating domestic violence between them, placing [M]inor at substantial risk of harm.”3 The detention and jurisdiction/disposition reports included the following facts. Minor lived with Father at the home of Minor’s paternal grandmother, Maria. Mother previously lived with them until Maria obtained a restraining order against Mother.4 Mother was homeless and lived in motels or in her car. Two July 2015 incidents led to the petition. First, on July 3 at 2:30 a.m., police officers found Mother and Minor sleeping in Mother’s car. Next to Minor’s body was an open, partially full gasoline container, a pack of cigarettes, and a lunch box containing a white substance that tested presumptively positive for methamphetamine. One of the responding officers had prior contacts with the family, and reported Minor had previously told him “she was completely overwhelmed with her parents’ situation, always sleeping in cars or hotel rooms when she wants to see her mom.” In the second incident, on July 23 at 3:00 a.m., police responded after Mother and Father had a heated argument at a gas station. Minor,