In re Q.M. CA5

Filed 9/18/20 In re Q.M. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Q.M. et al., Persons Coming Under the Juvenile Court Law.

STANISLAUS COUNTY COMMUNITY F080877 SERVICES AGENCY, (Super. Ct. Nos. 517453, 517454) Plaintiff and Respondent,

v. OPINION B.P.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge. Lelah S. Fisher, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas E. Boze, County Counsel, and Maria Elena Ratliff, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Meehan, J. and DeSantos, J.

At a Welfare and Institutions Code section 366.26 hearing1 in December 2016, the Stanislaus County Juvenile Court ordered a permanency plan of legal guardianship for then 11-year-old Q.M and 7-year-old N.M., with their paternal aunt in San Jose and retained its jurisdiction over the guardianship. The court ordered once monthly visitation. In February 2020, the children’s mother, appellant B.P. (mother), filed a modification petition under section 388 with the Stanislaus County Juvenile Court requesting enforcement of her visitation order, increased visitation and transfer of the case to Santa Clara County. The juvenile court summarily denied her petition, finding she failed to make a prima facie showing her circumstances had changed such that it was in the children’s best interest to grant her petition in whole or in part. Mother challenges the court’s summary denial on appeal. We affirm. PROCEDURAL AND FACTUAL SUMMARY Dependency proceedings were initiated in San Luis Obispo County in September 2013 when then eight-year-old Q.M. and four-year-old N.M. were taken into protective custody by the San Luis Obispo County Department of Social Services (department) after the department received reports that the family had very little food and the home was filthy and without electricity or running water. In addition, mother was acting erratically, screaming profanities and hearing voices. The children’s father suspected she was withdrawing from methamphetamine. He said he used methamphetamine once or twice a week and had done so for the past year. The children were placed in foster care in San Luis Obispo County. The juvenile court exercised its dependency jurisdiction over the children, ordered them removed from parental custody and provided the parents family reunification services. The parents fully complied and maintained a strong and loving bond with the