In re B.A. CA2/3

CourtCalifornia Court of Appeal
DecidedApril 24, 2026
DocketB346601
StatusUnpublished

This text of In re B.A. CA2/3 (In re B.A. CA2/3) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re B.A. CA2/3, (Cal. Ct. App. 2026).

Opinion

Filed 4/24/26 In re B.A. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re B.A. et al., Persons Coming B346601 Under the Juvenile Court Law. Los Angeles County LOS ANGELES COUNTY Super. Ct. Nos. DEPARTMENT OF CHILDREN 24CCJP00479A, AND FAMILY SERVICES, 24CCJP00479B, 24CCJP00479C Plaintiff and Respondent,

v.

S.A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Mark A. Davis, Judge. Affirmed in part, dismissed in part. Emery El Habiby, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, Brian Mahler, Deputy County Counsel, for Plaintiff and Respondent. _________________________ Mother appeals from the juvenile court’s orders made at the 12-month review hearing as to her three children. She argues the court erred when it (1) found the children would be at substantial risk of detriment if returned to mother and ordered they remain in their placement; and (2) found the Los Angeles County Department of Children and Family Services (DCFS) had provided mother with reasonable services under Welfare and Institutions Code section 366.21.1 As the children have since been returned to mother’s custody, we conclude mother’s appeal as to the court’s suitable placement order is moot. We conclude substantial evidence supported the court’s reasonable services finding and affirm the court’s orders. BACKGROUND 1. The family The family consists of mother, father (who is not a party to this appeal), and their three children B.A. (born in 2011), M.A. (born in 2013), and J.A. (born in 2015). Parents are not married and live in separate homes in Apple Valley, a town in San Bernardino County. Mother was diagnosed with schizoaffective disorder when she was 18 and has a history of mental health hospitalizations. The family has a prior child welfare history. In May 2013, the juvenile court in San Bernardino County sustained a dependency petition finding B.A. was at substantial risk of neglect and harm due to mother having a mental health condition that interfered with her ability to care for the child. That court terminated its jurisdiction in September 2014 and issued a family

1 Statutory references are to the Welfare and Institutions Code unless otherwise noted.

2 law order granting mother sole physical custody of B.A. and M.A. and both parents legal custody. Over the years, several reports of general neglect were made about the family that were deemed unfounded or inconclusive. 2. Section 300 petition On February 13, 2024, DCFS filed a section 300 petition on behalf of the three children, who were staying with their adult half-sibling April and her husband Aaron in Los Angeles county. The petition alleged parents had medically neglected and failed to provide the children with regular education instruction, and mother was incapable of providing regular care and supervision of the children due to: her history of mental and emotional problems, including a diagnosis of schizoaffective disorder; her symptoms of depression, paranoia, suicidal ideation, and auditory hallucinations; and her failure to take psychotropic medications as prescribed and to participate in mental health treatment. In October 2023, parents had asked April (father’s daughter) to care for the children because mother was suffering from depression and hearing voices. Father was unable to care for the children due to his own health issues. Mother didn’t communicate with April “for weeks due to ongoing psychiatric hospitalizations.” When the children arrived at April’s home, the children were “disheveled,” had no schedule, could not “complete daily living tasks” independently—such as getting dressed, and had extreme delays in their speech, motor and cognitive skills, and “health.” April also had learned from the children that they had not been to school for more than three years.2 In December 2023,

2 Mother had home schooled the children since Covid. In her words, it “didn’t work.” J.A. never had been to school.

3 mother had asked April to return the children—she was worried she’d lose her home if she lost the funding she received for the children. April and Aaron convinced parents to let the children stay. Parents gave April and Aaron authorization to make medical and educational decisions for the children. On January 4, 2024, April took the children to the pediatrician.3 Mother went to the pediatrician’s office to sign the paperwork but did not stay for the children’s appointment. The pediatrician was concerned about neglect as the children had “speech delays, gait challenges, sensory challenges, audiology concerns, tinnitus, high cholesterol, and high blood pressure.” The children were referred to behavioral and mental health services, neurology, audiology, occupational therapy, speech therapy, physical therapy, and for ADHD/autism evaluations. April enrolled the children in school the second week of January 2024. The children were improving in April and Aaron’s care. Mother had calls with the children most evenings. Parents had monitored visits with the children on Saturdays and Sundays. In its jurisdiction/disposition report filed March 26, 2024, DCFS described the children as “hav[ing] demonstrated failure to meet necessary milestones in areas such as speech, motor, social, emotional, and cognitive development or independent skills.” There also were “gaps in [the] children’s learning.” DCFS noted the children had “present[ed] with extreme delays” in several areas. DCFS described parents as having “a chronic pattern of

3 Mother had not taken the children to the doctor since August 2022, and she had last taken the children to the dentist more than a year earlier.

4 neglecting their children’s needs.” DCFS concluded mother “lack[ed] regular and consistent medication compliance to manage her symptoms, which has been the case for many years, as evident by DCFS referral history.” The report continued, “Though [mother] regularly makes her own protective plans for her children to go with family when she is experiencing . . . symptoms, [mother]’s mental health has impeded her from meeting the needs of her children, including access to regular medical and dental visits, developmental and behavioral services, and education.” DCFS was concerned that “both parents appear[ed] to lack insight and minimize[d] their children’s developmental delays and mental health issues” and believed it was unsafe for children to return to either parent. In May 2024, the juvenile court sustained the petition and assumed jurisdiction over the children, removed the children from parents’ care and ordered them suitably placed, and granted reunification services to parents. Mother’s case plan included participation in parenting classes, individual counseling to address mental health issues, mental health counseling and taking all prescribed psychotropic medications, conjoint counseling with the children if recommended by their individual therapists, and three-hour monitored visits three times each week.4

4 Mother filed an appeal from the court’s jurisdictional findings and disposition orders. This court dismissed that appeal after mother’s counsel filed a brief under In re Phoenix H. (2009) 47 Cal.4th 835, 844, and mother did not notify the court of any contentions that she believed the court should consider. (Id. at p. 838.)

5 3.

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Cite This Page — Counsel Stack

Bluebook (online)
In re B.A. CA2/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ba-ca23-calctapp-2026.