In re B.W. CA4/1

Filed 5/18/23 In re B.W. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re B.W. et al., Persons Coming Under the Juvenile Court Law. D081308 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J521119A-B)

Plaintiff and Respondent,

v.

BRANDEE B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Browder A. Willis III, Judge. Affirmed.

Mansi Thakkar, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel and Eliza Molk, Deputy County Counsel, for Plaintiff and Respondent.

Brandee B. (Mother) appeals the juvenile court’s order modifying her visits to her three-year-old and one-year-old daughters (the children) claiming she received no prior notice the court was considering modifying her visitation or any meaningful opportunity to challenge the modification. She also asserts the San Diego County Health and Human Services Agency (Agency) was required to file a Welfare and Institutions Code section 388

petition to request the modification.1 The Agency asserts Mother forfeited both contentions by failing to raise an objection in the juvenile court. Finding Mother forfeited her claims on appeal, we affirm the juvenile court’s order.

FACTUAL AND PROCEDURAL BACKGROUND2

In early August 2022,3 the Los Angeles County Department of Children and Family Services (Department) filed petitions on behalf of the children alleging their health and safety were at risk due to concerns regarding Mother’s mental health. (§ 300, subd. (b)(1).) Mother lived in Palmdale, at the northern end of the county. The juvenile court in Los Angeles County authorized their removal and the Department placed them with their father, T.W. (Father), who lived in San Diego. At the detention hearing, the court appointed counsel for the parents and the children, made prima facie findings on the petitions, and detained the children with Father. It ordered services for the parents and supervised visits for Mother a