S.D. v. Superior Court CA1/5

Filed 2/10/23 S.D. v. Superior Court CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

S.D., Petitioner, v. THE SUPERIOR COURT OF A166723 MARIN COUNTY, (Marin County Respondent; Super. Ct. No. JV27241A) MARIN COUNTY HEALTH AND HUMAN SERVICES, et al., Real Parties in Interest.

In this writ proceeding, petitioner S.D. (Mother) requests that this court vacate the juvenile court’s November 30, 2022, order terminating reunification services and setting a Welfare and Institutions Code section 366.261 permanency planning hearing on March 28, 2023. (Cal. Rules of Court, rule 8.452.) She contends insufficient evidence supports the court’s finding that Marin County Health and Human Services (Department) provided reasonable services. She also contends she substantially complied with the court-ordered services and there is a substantial probability of

All undesignated section references are to the Welfare and 1

Institutions Code.

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return of the minor, L.L. (Minor), to her custody. We deny the petition and the request for a stay. BACKGROUND Mother placed Minor, born December 2013, in the care of a non-relative adult, K.W., after she suffered a stroke in 2019. On April 16, 2022, an adult male died from a suspected overdose in the home where Minor was residing with K.W. In the home, police officers found, within Minor’s reach, a plastic bag containing suspected cocaine or fentanyl, marijuana, concentrated marijuana, and a torch and scale. K.W. was arrested for child endangerment. Minor was removed from K.W.’s home and subsequently formally detained. On April 20, 2022, the Department filed a section 300 petition (Petition) on behalf of Minor. With respect to Mother, the Petition alleged that she was unable to care for Minor due to medical conditions that restricted her to living in a convalescent facility, and that she placed Minor at risk of harm when she left Minor in K.W.’s care. The Petition also alleged Minor’s father’s whereabouts were unknown. According to the Department’s April 2022 detention report, Mother had been in her current convalescence facility in Southern California for a year and had previously been in another facility. Mother said her convalescence was due to a 2019 stroke, “but I’m mentally all there.” She said an adult son was trying to get a place for her to stay in Northern California. Mother told the Department she was in contact with Minor through video calls, but had not seen him in person for three years. According to the Department’s May 2022 jurisdiction/disposition report, Mother’s 2019 stroke was related to methamphetamine use. The social worker reported that Mother had missed a number of virtual meetings with her. When the social worker spoke with Mother on the phone, she claimed