J.M. v. Superior Court

Opinion

GILBERT, P. J. Here we conclude when a mother’s criminal neglect is a substantial factor in the health of her child, she is not entitled to reunification services.

J.M. (Mother) seeks an extraordinary writ and challenges an order of the juvenile court bypassing family reunification services and setting a permanent plan hearing regarding her two minor children. (Welf. & Inst. Code, §§361.5, subd. (b)(4), 366.26, subd. (c).)1 We deny her petition for extraordinary writ.

[485] FACTUAL AND PROCEDURAL HISTORY

Mother is the parent of seven-year-old A.M. and four-year-old T.M. She was also the parent of I.M., who was five years old when he died in June 2011 from acute oxycodone intoxication.2

On July 1, 2011, following I.M.’s death, the County of Ventura Human Services Agency (HSA) filed a dependency petition on behalf of A.M. and T.M. HSA alleged that the children were at significant risk of abuse or neglect due to Mother’s drug abuse and criminal behavior. HSA stated that Mother permitted and used illegal drugs in the family home, and that I.M. died from ingesting dangerous drugs. HSA also alleged that T.F., the presumed father of the children, abused drugs, had a lengthy criminal history, and was serving a prison term. HSA added that in prior dependency proceedings, the juvenile court terminated T.F.’s parental rights to the half siblings of A.M. and T.M. (§ 300, subds. (b), (f), (g).)

On July 5, 2011, the juvenile court held a detention hearing. It found a prima facie case regarding the dependency petition, placed the children in the temporary care and custody of HSA, and set the matter for a jurisdiction and disposition hearing.

On September 7, 2011, HSA filed an amended dependency petition alleging that Mother’s neglect caused LM.’s death. HSA alleged that Mother permitted a seller of illegal drugs into her home, obtained and ingested illegal drugs from that person, and failed to protect her children from possessing and ingesting the illegal drugs. HSA stated; “These neglectful acts and omissions by [Mother] were a substantial factor contributing to the death of [I.M.], and place[d] the minors, [A.M.] and [T.M.], at substantial risk of serious physical harm.” HSA then recommended that the juvenile court bypass family reunification services to Mother pursuant to section 361.5, subdivision (b)(4) (parent has caused death of another child through abuse or neglect).3