In re K.K. CA4/3

Filed 5/3/13 In re K.K. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re K.K., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G047585 Plaintiff and Respondent, (Super. Ct. No. DP019443) v. OPINION L.K.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gary Bischoff, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, and Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor.

In this juvenile dependency matter, the mother contends the juvenile court erred in refusing to provide her a full hearing after she petitioned for the court to change its order to set a hearing to terminate parental rights. We find the juvenile court did not abuse its discretion when it denied the mother a hearing on her petition. I FACTS The minor, K.K., was born in 2007. In February 2010, the mother, L.K., asked neighbors to call the police as she believed she and the minor had wiretaps and bombs placed on them. The bomb squad and 30 officers arrived and found the mother and the minor barricaded in the garage. The child had bruises on his forehead and right buttock and scratches on his arm. When he was asked how he got the black and blue mark on his forehead, the minor said his mother hit him on the head. The home appeared to be ransacked and food in the refrigerator and freezer was decaying. Both the mother and the father, T.K., abuse substances. The mother was placed in a mental hospital pursuant to Welfare and Institutions Code section 5150, where her diagnosis was: “psychosis, not otherwise specified.” (All further statutory references are to the Welfare and Institutions Code.) The mother was arrested for corporal injury on a spouse or cohabitant in 2007. The next year, she was arrested for robbery and willful injury to a child. The father was arrested for various violations involving thefts, burglary, fraudulent uses of credit cards, robberies, child cruelty and possession of controlled substances. The juvenile court declared the minor a dependent child of the Orange County Juvenile Court. At the September 22, 2010 disposition hearing, the court found “to vest custody with mother would be detrimental to child and vest custody with father is required to serve child’s best interest,” and monitored twice-weekly visits for the