In re O.S. CA3
Filed 7/23/21 In re O.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----
In re O.S. et al., Persons Coming Under the Juvenile C092562 Court Law.
YOLO COUNTY HEALTH AND HUMAN (Super. Ct. Nos. JVSQ191031, SERVICES AGENCY, JVSQ191032, JVSQ191033)
Plaintiff and Respondent,
v.
S.S.,
Defendant and Appellant.
After exercising dependency jurisdiction over three siblings under Welfare and Institutions Code section 300,1 the juvenile court removed them from their parents’ care and ordered reunification services; we affirmed the jurisdiction and disposition orders.
1 Further undesignated statutory references are to the Welfare and Institutions Code.
1
(In re O.S. et al. (May 14, 2020, C089820) [nonpub. opn.].) S.S., the minors’ mother, now challenges a visitation order entered at a 12-month review hearing. She contends the juvenile court improperly delegated its judicial authority to determine visitation to the Yolo County Health and Human Services Agency (Agency). She urges us to exercise our discretion to consider the issue since she failed to object to the visitation order below. We conclude S.S. forfeited her claim by failing to object in the juvenile court, and that even if the claim had been properly preserved, a subsequent visitation order has rendered her challenge moot. We therefore dismiss the appeal. BACKGROUND In 2018, the Agency received multiple reports of neglect by S.S. (mother) and R.S. (father) of their three minor children, O.S. born in 2003, G.S. born in 2006, and K.S. born in 2007. Mother had a history of mental health issues, and was showing signs of paranoia and delusions. She homeschooled the minors with little outside interaction, and feared someone was stalking them and would abduct or murder the children. Father often left the children alone with mother and was unable or unwilling to intervene to protect them from mother’s delusional behaviors. The Agency took the children into protective custody and filed a section 300 petition, alleging that the minors had suffered or were at a substantial risk of suffering serious physical harm or illness due to mother’s mental health impairments and substance abuse issues; the petition further alleged that father was incapable of protecting the minors from mother’s untreated mental illness. Mother was placed on a section 5150 psychiatric hold after the children were removed from the home, which later was extended 13 days under section 5250. At the time, she tested positive for amphetamines and tetrahydrocannabinol (THC). She later refused to sign a release of her medical records related to the holds. Following contested jurisdiction and disposition hearings in which mother testified, the juvenile court sustained the petition, declared the minors dependents, and
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