San Deigo County Health & Human Services Agency v. Kelly S.

Opinion

McCONNELL, P. J. Kelly S. appeals the dispositional judgment in the dependency case of her daughter, Madison T. Kelly contends the juvenile court abused its discretion by admitting prejudicial hearsay evidence, and thus we must reverse the order placing Madison in foster care. We affirm.

[1508]BACKGROUND

In September 2012, the San Diego County Health and Human Services Agency (the Agency) filed a dependency petition for one-month-old Madison. (Welf. & Inst. Code, § 300, subd. (b).)1 The petition, as subsequently amended, alleged Kelly had a mental illness, including chronic paranoid schizophrenia. In the past, this caused her to have mood disturbances, delusions, hallucinations, memory impairment, emotional withdrawal and paranoia. Kelly was not under the care of a psychiatrist and was not taking medication for her illness. When Madison was bom, Kelly tested presumptively positive for marijuana. Kelly later admitted smoking marijuana during pregnancy. Madison stopped breathing shortly after birth and was admitted to the hospital due to apnea and cyanosis. Approximately one month later, she was admitted to the hospital due to bronchiolitis. At the hospital, Kelly’s boyfriend punched Kelly in the abdomen. Madison was exposed to violence when the boyfriend grabbed and pulled the chair on which Kelly was sitting, and Kelly tore the boyfriend’s visitor’s bracelet from his wrist. Kelly minimized the incident and refused to obtain a restraining order. Madison continued to experience episodes in which she stopped breathing and turned blue, but Kelly failed to report this to the pediatrician, in violation of Kelly’s safety plan with the Agency. Kelly left Madison unattended at times when she cried, although Kelly knew Madison had previously stopped breathing while crying. Kelly also has a history of methamphetamine use.

Madison was detained in a foster home. On September 20, 2012, Kelly entered residential substance abuse treatment at North County Serenity House (Serenity House). On September 25, Serenity House substance abuse coordinator Andrea Kinley told social worker Judy Wonders2 that Kelly “was very abrasive and blaming when she first arrived, but currently seems to be more accepting and calmer.” In a report filed on October 15, Wonders stated, “if Madison is placed with [Kelly] before she has . . . stabilized in treatment and demonstrated that [she] will stay in treatment, Madison would be at risk for neglect or abuse. The Agency would like to see [Kelly] demonstrate that she can stay in substance abuse treatment and continue her mental health services for at least four months before considering placement.” In her final report, filed on October 19, Wonders continued to recommend foster placement. The report stated: “The Agency’s goal continues to be placement with [Kelly] in her treatment program. However, the Agency would like to see [Kelly] enrolled in all of her case plan services and demonstrating that she will remain at . . . Serenity House and will continue[] to take her psychotropic