In re I.J. CA3

Filed 7/21/22 In re I.J. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re I.J. et al., Persons Coming Under the Juvenile C094618 Court Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. Nos. JD239105, CHILD, FAMILY AND ADULT SERVICES, JD239106, JD239107)

Plaintiff and Respondent,

v.

C.J.,

Defendant and Appellant.

C.J. (mother) challenges the juvenile court’s denial of a Welfare and Institutions Code section 3881 petition for modification through which mother sought to have two of her children, A.J. and I.J., placed with her or, in the alternative, further reunification

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

services. We conclude that the trial court acted within its discretion in denying the petition and affirm the orders of the trial court. FACTUAL AND PROCEDURAL BACKGROUND In 2016, after a substantiated referral for neglect and testing positive for drugs, mother agreed to informal supervision services. From December 19, 2016, to December 14, 2017, the children were voluntarily placed with their maternal aunt Celina L. while mother engaged in those services. After mother successfully completed informal services, mother was given sole custody of the children; she agreed not to allow her boyfriend Jacob J. (father to two of her children) to visit if he was under the influence of drugs and alcohol. On June 20, 2018, after two more referrals were made to the Sacramento County Department of Child, Family and Adult Services (the department), the department filed section 300, subdivision (b) petitions on behalf of mother’s three children: A.J. (four years old), I.J. (nine years old), and S.J. (seven months old). Relative to mother, the department alleged she had a diagnosed mental illness for which she was not taking her medication, the result of which was, she threatened to kill herself and the children, a statement heard by I.J. The department further alleged mother failed to protect the children from her boyfriend, Jacob J., whose ongoing substance abuse placed the children at substantial risk of physical harm, abuse, and/or neglect. The department also alleged mother failed to protect the children from the ongoing incidents of domestic violence between mother and Jacob J. At the detention hearing, the court placed the children with Celina L., and ordered reunification services for mother. The jurisdiction/disposition hearing was continued repeatedly and thus not held until January 9, 2019. At the hearing, the juvenile court sustained the petition and adjudged the children to be dependents of the court. The court removed the children from mother’s custody and ordered reunification services for mother.