In re S.M. CA4/1

Filed 12/6/23 In re S.M. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.M., a Person Coming Under the Juvenile Court Law. D082675 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J521226A)

Plaintiff and Respondent,

v.

K.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Alexander M. Calero, Judge. Affirmed. John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Natasha C. Edwards, Deputy County Counsel, for Plaintiff and Respondent.

MEMORANDUM OPINION1 In this dependency proceeding, the juvenile court placed then 16-year- old S.M. with her noncustodial parent, K.M. (Father), subject to the continued jurisdiction of the court and a postplacement home visit. (See Welf. & Inst. Code, § 361.2, subd. (b)(2).)2 Father appeals, arguing the court abused its discretion by relying on “speculative,” “amorphous,” and “stale claims” to support its order. Father also contends the court did not have the authority to order a postplacement home visit because a virtual, preplacement visit had already been conducted. We conclude the juvenile court did not abuse its discretion and affirm its order. Section 361.2, subdivision (a) expresses a preference for placing a removed child with her noncustodial parent, providing: “If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child.” Pursuant to section 361.2, subdivision (b), once a court decides to place a child with the noncustodial parent, it may do any of the following: “(1) Order that the parent become legal and physical custodian of the child. . . . The court shall then terminate its jurisdiction over the child. . . .