In re Jn.B CA4/1

Filed 2/2/21 In re Jn.B CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re Jn.B. et al., Persons Coming Under the Juvenile Court Law. D077885 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520273A-B) Plaintiff and Respondent,

v.

K.H.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of San Diego County, Browder A. Willis III, Judge. Affirmed. Paul A. Swiller, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas E. Montgomery, County Counsel, Caitlin E. Rae, Chief Deputy County Counsel, and J. Jeffrey Bitticks, Deputy County Counsel, for Plaintiff and Respondent. In this dependency proceeding, the court removed Jn.B. (age 13) and her brother, Ji.B. (age 11) (together, the children), from J.B. (Father) due to

his physical abuse. K.H. (Mother), who lives in New Mexico, requested

custody of the children. (Welf. & Inst. Code, § 361.2.)1 Mother appeals the juvenile court’s dispositional order denying her request for placement. Because there is substantial evidence that respondent San Diego County Health and Human Services Agency (Agency) met its burden to show clear and convincing evidence that placement with Mother would be detrimental to the children, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Mother met Father when she was 12 years old and he was 14 years old. She became pregnant with Jn.B. when she was 13 years old. She gave birth to Ji.B. approximately two years later. She coparented with Father while he lived in foster care. The maternal grandmother also helped care for the children. In 2011, when the children were approximately two and four years old, Mother left Father due to his alleged infidelity. In 2013, Mother became pregnant with her third child and informally gave the maternal grandmother custody of the children because she was homeless and unable to care for them. The maternal grandmother moved to New Mexico with the children. In 2015, Mother also moved to New Mexico to live with the maternal grandmother and the children. Child welfare services intervened with the family after the maternal grandmother hit Jn.B. in the face with a wire hangar.2 In 2018, the family and authorities agreed that the children would live with Father in San Diego. Thereafter, Mother claimed