In re I.H. CA3

Filed 8/10/22 In re I.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.H., a Person Coming Under the Juvenile Court C095124 Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. No. JD234291) CHILD, FAMILY AND ADULT SERVICES,

Plaintiff and Respondent,

v.

F.T.,

Defendant and Appellant.

F.T. (mother) appeals from the juvenile court’s visitation orders made regarding the minor I.H., following mother’s request under Welfare and Institutions Code section 388 to remove I.H. from the legal guardian.1 Despite her failure to object below, mother contends the juvenile court erred in granting the legal guardian the discretion to

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

1

determine whether mother’s visits needed to be supervised. Because the factual issues are undisputed and this matter concerns only an issue of law, we exercise our discretion to reach the merits and conclude the court did not err. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On January 28, 2014, the Sacramento County Department of Child, Family and Adult Services (Department) filed a section 300 petition on behalf of the seven-year-old minor, alleging the minor came within the provision of section 300, subdivisions (a) (serious physical harm), (b) (failure to protect), and (g) (no provision for support). The petition alleged that mother hit the minor on the head (causing injury), was arrested and charged with felony child endangerment, and failed to arrange for care and custody of the minor during her incarceration. On January 29, 2014, the juvenile court ordered the minor detained and ordered supervised visitation for mother upon her release from incarceration. On March 14, 2014, the Department filed an amended petition in the juvenile court adding allegations that mother and father engaged in domestic violence and that father had a substance abuse problem. On April 10, 2014, the matter came before the juvenile court for a jurisdiction hearing; the court found the petition true as to section 300, subdivisions (a) and (b)(1), that mother had nonaccidentally inflicted serious physical harm upon I.H. At the disposition hearing on April 11, 2014, the court found the Department had established by clear and convincing evidence that, despite reasonable efforts, the minor’s care and protection required that she be removed from parental custody, declared a dependent of the juvenile court, and placed under the supervision of the Department. The court ordered that mother receive a period of family reunification services and visitation. The minor had regular, supervised visits with mother once a week for one hour. On October 31, 2014, the juvenile court held a six-month review hearing, and mother appeared with trial counsel. On November 3, 2014, the court held a contested six-month review hearing at which mother failed to appear. There, the court found that