In re M.A. CA3

Filed 12/27/22 In re M.A. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

In re M.A., a Person Coming Under the Juvenile C096127 Court Law.

YOLO COUNTY HEALTH AND HUMAN (Super. Ct. No. JV202218) SERVICES AGENCY,

Plaintiff and Respondent,

v.

C.H.,

Defendant and Appellant.

C.H., mother of the minor (mother), appeals from the juvenile court’s order denying her reunification services pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(13). (Welf. & Inst. Code, §§ 361.5, 395.)1 The Yolo County

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

1

Health and Human Services Agency (Agency) concedes the error. Finding the Agency’s concession is proper, we will reverse the juvenile court’s disposition order and remand for further proceedings. BACKGROUND In February 2022, the Agency removed the seven-month-old minor and one of her half siblings, A.T., from mother and S.A. (father) in conjunction with a dependency petition filed pursuant to section 300, subdivision (b). The petition alleged the parents’ history and ongoing abuse of methamphetamine, from which they both failed or refused to rehabilitate, placed the minors at risk of serious harm. The petition further alleged mother had an ongoing family maintenance case related to the minor’s half siblings, A.T. and C.P., also due to mother’s methamphetamine abuse.2 The Agency’s jurisdiction/disposition report laid out mother’s extensive substance abuse history dating back to 2012 and the fact that, despite her engagement in and successful completion of several court ordered services and periods of sobriety during which the children were returned to her care, mother returned to substance abuse and demonstrated a resistance and inability to maintain long-term sobriety. In particular, mother was involved in a voluntary family maintenance case in December 2012 due to her methamphetamine use. That case was eventually closed due to her failure to engage. In August 2013, mother was involved in a dependency case regarding the minor’s half siblings due to her continued methamphetamine abuse. She successfully completed an outpatient treatment program through drug court and, after a brief discharge due to behavioral problems, she successfully completed a residential treatment program, at which time her children (the minor’s half siblings) were returned to her care. Shortly