T-N.H. v. Superior Court CA1/3

Filed 2/10/22 T-N.H. v. Superior Court CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE

T-N.H., Petitioner, v. THE SUPERIOR COURT OF A163878 ALAMEDA COUNTY, (Alameda County Respondent; Super. Ct. Nos. JD032537-01, ALAMEDA COUNTY SOCIAL JD032538-01) SERVICES AGENCY et al., Real Parties in Interest.

T-N.H. (mother) seeks extraordinary relief from a juvenile court order terminating reunification services and setting a Welfare and Institutions Code section 366.26 permanency planning hearing for her two daughters, S.H. and J.G. (collectively, children).1 Mother challenges the court’s finding that she received reasonable reunification services. We deny the petition on the merits.

Undesignated statutory references are to the Welfare and Institutions 1

Code. We recite only those facts necessary to resolve the issue raised. 1

BACKGROUND In July 2020, the Alameda County Social Services Agency (Agency) filed a petition alleging S.H., then seven years old, and J.G., then two years old, came within section 300, subdivisions (b) and (g). As amended, and as relevant here, the petition alleged mother’s substance abuse and mental health issues placed the children at risk of harm under section 300, subdivision (b). Mother disclosed suffering from mental health conditions — including depression and anxiety — and told the Agency she lacked a support system to assist her when she was “feeling overwhelmed or unable to find child care.” She was “currently taking” marijuana and had previously used “other substances.” Mother expressed a willingness to “drug test” and an interest in finding new housing and “expanding her support network.” The juvenile court detained the children and ordered reunification services for mother. These included substance use treatment, counseling and mental health services, visitation, and parenting education. The Agency encouraged mother to “complete the substance use and mental health evaluations.” Mother completed a substance abuse evaluation but was denied entry into a treatment program in August 2020 after she mistreated staff. By October, mother had missed a scheduled visit with the children, had failed to communicate with the Agency, and had engaged in “threatening” behavior with the children’s caregivers. The Agency again encouraged mother to complete a mental health evaluation; it subsequently provided mother with a referral for a therapist and a medication evaluation. Mother “never attended the scheduled appointments.” In late 2020 and early 2021, mother tested positive for amphetamines, cocaine, and marijuana.