In re J.K. CA4/1

Filed 5/31/23 In re J.K. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.K., a Person Coming Under the Juvenile Court Law. D081509 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520626)

Plaintiff and Respondent,

v.

S.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Marissa A. Bejarano, Judge. Affirmed.

Neale B. Gold, under appointment by the Court of Appeal, for Defendant and Appellant, S.M. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Natasha C. Edwards, Deputy County Counsel, for Plaintiff and Respondent.

In this dependency proceeding, S.M. (Mother) appeals a juvenile court visitation order, arguing the court abused its discretion in not ordering unsupervised visitation. The San Diego County Health and Human Services Agency (Agency) contends Mother forfeited this argument by not specifically requesting unsupervised visitation at trial or in her notice of appeal. We reject the Agency’s forfeiture argument but conclude the juvenile court did not abuse its discretion. We affirm the order. FACTUAL AND PROCEDURAL BACKGROUND J.K. came to the Agency’s attention in January 2021 because Mother tested positive for amphetamines and methamphetamine a week prior to the baby’s delivery. A nurse also reported concerns about the baby’s father, M.K.

(Father)1, because when he visited, he was sweaty, immediately went to sleep on the couch, and appeared to be “coming off something.” Mother subsequently admitted to having used methamphetamine once a month leading up to J.K.’s birth. Even though Father suspected Mother was using drugs during her pregnancy, he did not intervene. Both parents reported long histories of drug use and participation in court-ordered substance abuse treatment programs.