In re A.V. CA3

Filed 8/28/23 In re A.V. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re A.V., a Person Coming Under the Juvenile Court C096887 Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. STK-JD-DP- AGENCY, 2020-0000110)

Plaintiff and Respondent,

v.

S.V.,

Defendant and Appellant.

The juvenile court exercised dependency jurisdiction over the minor, A.V., under Welfare and Institutions Code1 section 300 and removed her from the custody of her mother, S.V. (mother). Mother contends that the juvenile court denied her due process

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

1

right to be heard at the contested jurisdictional hearing when it made the challenged findings in her absence and failed to set aside the default for nonappearance after she showed good cause for her absence. We shall affirm. BACKGROUND A. Dependency Petition On March 16, 2020, the San Joaquin County Human Services Agency (the Agency) investigated allegations of physical abuse of the minor by mother. The minor reported that mother had hit her with a spatula and a hanger, spanked her with an open hand, and thrown toys at her. The reporting party did not observe any marks on the minor, and the minor denied having any marks from these incidents. The minor displayed extremely violent behavior and was diagnosed with autism and adjustment disorder. On April 1, 2020, the Agency filed a section 300 petition on behalf of the minor, then age 10, alleging the minor had suffered, or there was a substantial risk that she would suffer, serious physical harm or illness as a result of the failure or inability of her parent to supervise or protect her adequately (§ 300, subd. (b)(1)), and that the minor had been left without any provision for support as the whereabouts of her father were unknown and reasonable efforts to locate him had been unsuccessful (§ 300, subd. (g)). On June 30, 2020, the Agency filed an amended petition to include allegations of serious emotional damage based on mother’s inability to provide necessary care for the minor’s significant behavioral and mental health needs. (§ 300, subd. (c).) B. Initial Jurisdictional Hearing and Appeal Mother was ordered to appear, but was not present, at the July 16, 2020 contested jurisdictional/dispositional hearing and no reason for her absence was presented to the juvenile court. Accordingly, the juvenile court found that mother was properly noticed and proceeded on jurisdiction in her absence, finding the allegations of the amended petition true. Mother subsequently filed a motion to vacate the default judgment asserting that she missed the hearing because she was attending to her infant son, who