In re Victoria R. CA2/8

Filed 6/21/23 In re Victoria R. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re Victoria R. et al., Persons B323066 Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. Nos. 18LJJP00818A–B) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

T.B.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Stephanie M. Davis, Commissioner. Appeal dismissed. Johanna R. Shargel, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________________

T.B., the mother of Victoria R. and Elizabeth W., (Mother) appeals from the juvenile court’s orders denying her petitions for modification under Welfare and Institutions Code1 section 388 and appointing a legal guardianship for her children. We dismiss the appeal pursuant to In re Phoenix H. (2009) 47 Cal.4th 835 (Phoenix H.) and In re Sade C. (1996) 13 Cal.4th 952 (Sade C.). On December 11, 2018, the Los Angeles County Department of Children and Family Services (DCFS) filed a section 300 petition on behalf of then five-year-old Victoria and three-year-old Elizabeth. The petition alleged that Mother had a history of substance abuse and was a current abuser of drugs and alcohol, and that she had left the children with their maternal great-aunt, N.B., without making a plan for their ongoing care and supervision. At the detention hearing, the children were detained from Mother and placed with N.B. under DCFS’s supervision. The children remained in N.B.’s care throughout the dependency proceedings. At the May 8, 2019 jurisdictional and dispositional hearing, at which no parents appeared, the juvenile court found that notice had been given as required by law. The court sustained the petition as alleged, declared the children dependents of the court under section 300, subdivision (b), and removed the children from parental custody. The court granted Mother monitored visitation and reunification services, including a full drug and alcohol program, weekly drug testing, parenting education, individual counseling, and conjoint counseling with the children. The court bypassed reunification services for