H.C. v. Superior Court CA4/1

Filed 4/18/23 H.C. v. Superior Court CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

H.C., D081593 Petitioner,

v. (Super. Ct. No. NJ15831)

THE SUPERIOR COURT OF SAN DIEGO COUNTY,

Respondent;

SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

ORIGINAL PROCEEDINGS in mandate after reference to a Welfare

and Institutions Code section 366.261 hearing. Michael Imhoff,

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

Commissioner. Petition granted, matter remanded with directions; request for stay denied. Law Office of Lorraine Arrollado, Cameron Edwards, and Lorraine Arrollado, for Petitioner. No appearance for Respondent. Claudia G. Silva, County Counsel, Kristen M. Ojeil, Senior Deputy County Counsel, for Real Party in Interest. H.C. (Mother) petitions for extraordinary relief pursuant to California Rules of Court, rule 8.452. She challenges the juvenile court’s orders issued at a contested section 388 hearing terminating her reunification services as to her minor child, A.C., and setting a section 366.26 hearing. She contends the juvenile court failed to make the requisite finding regarding reasonable services under section 388, subdivision (c)(3), before ordering the termination of her reunification services. The San Diego County Health and Human Services Agency (the Agency) concedes that the juvenile court failed to make the required statutory finding and that the error is not harmless. We reverse the juvenile court’s orders and remand the matter for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND Mother and A.C. both tested positive for amphetamines at the time of A.C.’s birth. An Agency social worker attempted to speak with Mother at the hospital, but Mother refused to respond to the social worker’s questions. Hospital staff reported that Mother had been in and out of the behavioral health unit and was diagnosed with depression and substance abuse. The maternal grandmother reported that Mother had been using methamphetamines and alcohol for approximately three years and was currently unsheltered. Mother was discharged from the hospital on May 13,