In re I.A. CA2/8

Filed 11/14/23 In re I.A. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 I.A. et al., Persons Coming B329060 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. Nos. 19CCJP08048A, B, D, & E) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

Y.A.,

Defendant and Appellant.

APPEAL from order of the Superior Court of Los Angeles County. Linda Sun, Judge. Appeal dismissed.

John P. McCurley, under appointment by the Court of Appeal, for Defendant and Appellant

No appearance by Plaintiff and Respondent.

——————————

This is an appeal by Mother Y.A. subject to the procedures set out in In re Phoenix H. (2009) 47 Cal.4th 835. On December 17, 2019, the Los Angeles Department of Children and Family Services (Department) filed a petition under Welfare & Institutions Code section 300 alleging that mother’s five children were harmed and at risk of harm due to Mother and Father’s history of domestic violence and both parents’ substance abuse. The children were detained from Mother on November 18, 2020, because of the parents’ ongoing domestic violence and because Mother had allowed Father to live in the family home and have unlimited access to the children. On January 19, 2021, the juvenile court removed the children from Mother and ordered family reunification services and monitored visits to the parents. Mother’s case plan included individual therapy, domestic violence classes and conjoint therapy with Father. In March 2021, the children were placed together with the paternal aunt (a prospective adoptive parent). At the 12-month review hearing on November 18, 2021, the Department reported to the court that Mother had tested positive for methamphetamine during the reporting period and her visits with the children were inconsistent in that she had many no- shows and did not call to cancel. The juvenile court found that return of the children to parental custody would put them at substantial risk of harm and terminated Mother’s services. The court set a Welfare & Institutions Code section 366.26 hearing to devise a permanent plan for the children. On February 14, 2023, Mother filed a section 388 petition requesting that her family reunification services be reinstated based on her completion of services. After a hearing on March 20, 2023, the juvenile court denied the petition, finding that