In re G.F. CA2/6

Filed 1/20/23 In re G.F. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115 .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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re G.F., A Person Coming Under 2d Juv. No. B321178 the Juvenile Court Law. (Super. Ct. No. 19JD-00392 (San Luis Obispo County)

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

A.W.,

Defendant and Appellant.

A.W. (Mother) appeals an order of the juvenile court denying her Welfare and Institutions Code section 388 modification petition regarding visitation with her minor

daughter, G.F.1 We conclude that the court did not abuse its discretion by summarily denying the petition because Mother did not present new evidence or a change of circumstances regarding the court’s previous finding of detriment to G.F. by visitation with Mother. We affirm. This appeal concerns Mother’s post-permanency planning petition to modify the juvenile court’s previous finding of detriment precluding visitation with her daughter. Following nine months of no contact, Mother sought to resume a relationship with her daughter, now approaching adulthood and not desiring a relationship with Mother. FACTUAL AND PROCEDURAL HISTORY Mother is a parent to G.F., her older sister, and her younger brother. In 2016, Mother left the children in the care of their father, R.F. (Father). Father was later incarcerated in prison serving a three-year sentence. The family law court then issued an order placing G.F. in the care of her paternal uncle and his wife as potential guardians. In November 2019, G.F. reported that her uncle had been sexually molesting her for nearly a year. On November 22, 2019, the San Luis Obispo County Department of Social Services (DSS) filed a dependency petition pursuant to section 300, subdivisions (b), (d), and (g). The petition alleged that Mother was homeless, had mental health issues, and had not protected G.F. from her uncle’s sexual abuse. The petition also alleged that Father was incarcerated and would remain so until October 2020. At the time of the filing of the petition, G.F.’s two siblings were subjects of dependency proceedings; family reunification services