In re Abdul CA1/4

Filed 8/18/20 In re Abdul CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re Abdul K., A Person Coming Under the Juvenile Court Law.

ALAMEDA COUNTY SOCIAL SERVICES AGENCY, A159443 Plaintiff and Respondent, v. (Alameda County Super. Ct. No. JD-02769702) N.M., Defendant and Appellant.

In September 2019, the juvenile court set a hearing to terminate parental rights over Abdul K., a medically fragile child who did not receive adequate care in his parents’ home. Abdul’s mother, N.M. (mother), challenged the September 2019 order in a petition for an extraordinary writ, which this court denied. (N.M. v. Superior Court, A158485.) Subsequently, mother’s trial counsel filed a petition requesting that Abdul be returned to mother because of changed circumstances, which the juvenile court denied. (Welf. & Inst. Code, § 388; statutory references are to this code.) In the present appeal, mother contends the juvenile court erred by summarily denying the section 388 petition. We disagree and affirm the order.

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FACTUAL AND PROCEDURAL HISTORY I. Background1 Abdul was born premature with a positive toxicology report for opiates and exposure to methadone. During an investigation by the Alameda County Social Services Agency, mother accused her husband, N.K. (father), of domestic abuse, but she later recanted. The Agency provided family maintenance services until January 2017, when a dependency petition was filed, and Abdul was removed from the home. In April, Abdul was returned to father’s custody, again with family maintenance services. In December 2017, the dependency case was dismissed. In April 2018, the Agency filed another dependency petition, which described Abdul as a “medically fragile” child who has been diagnosed with “oral [a]version, motor delay, global hypertonia, reflux, and is G-Tube dependent.” Dependency jurisdiction was alleged under section 300, subdivision (b) (failure to provide adequate care) based on three factual claims: Abdul had been hospitalized multiple times for failure to thrive; on one occasion, Abdul was left in distress while his parents engaged in domestic violence in front of him; and parents had received family maintenance services and family reunification services, but still could not demonstrate the ability to provide adequate care for Abdul. Abdul was detained and placed in foster care after mother admitted she was overwhelmed and needed help because father had recently abandoned her and the children. In May 2018, mother reported that father had left the country with one of their five children, leaving her and the other children homeless and with no means of support.