In re B.G. CA4/2

CourtCalifornia Court of Appeal
DecidedMay 21, 2025
DocketE084573
StatusUnpublished

This text of In re B.G. CA4/2 (In re B.G. CA4/2) 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.G. CA4/2, (Cal. Ct. App. 2025).

Opinion

Filed 5/21/25 In re B.G. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re B.G., a Person Coming Under the Juvenile Court Law.

SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, E084573

Plaintiff and Respondent, (Super.Ct.No. J301156)

v. OPINION

R.R.,

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Cara D. Hutson and

Steven A. Mapes, Judges. Affirmed in part; dismissed in part.

Jesse McGowan, under appointment by the Court of Appeal, for Defendant and

Appellant.

Tom Bunton, County Counsel, Helena Rho, Deputy County Counsel for Plaintiff

and Respondent.

1 Defendant and Appellant R.R. (MGM) appeals from jurisdiction/disposition orders

wherein the juvenile court refused to place B.G.1 (Minor), her granddaughter, in her

custody after considering the relative placement preference pursuant to Welfare and

Institutions Code section 361.3.2 Minor was detained from Br.G. (Mother) when she and

Minor tested positive for drugs at the time of Minor’s birth. MGM requested placement

of Minor, but plaintiff and respondent San Bernardino County Children and Family

Services (CFS) recommended that the juvenile court deny placement due to CFS’s

concerns that she had a domestic violence history; a prior history with child protective

services; and did not acknowledge Mother’s drug use, instead blaming Mother’s drug use

on Mother’s boyfriend. At the jurisdiction/disposition hearing, Mother was granted

reunification services and Minor was placed in a foster home. The juvenile court denied

placement with MGM after considering the factors in section 361.3.

On appeal, MGM states the trial court erred by denying her the opportunity to be

heard at the jurisdiction/disposition hearing regarding placement of Minor with her and to

present evidence. MGM also contends the juvenile court prejudicially erred by relieving

Mother’s counsel at the jurisdiction/disposition hearing without cause or notice to

Mother. She contends she has standing to raise the issue on Mother’s behalf.

1 Minor was given a name during the course of the proceedings; however, we use the initials B.G. (for “Baby Girl”) as those initials appear in the record and briefs.

2 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

2 FACTUAL AND PROCEDURAL HISTORY3

A. SECTION 300 PETITION AND DETENTION

Minor was born in May 2024. Minor’s father was alleged to be J.N. (Father). It

was reported that Mother had given birth to Minor in a driveway; she had received no

prenatal care. Mother and Minor were taken to the hospital by ambulance. Mother tested

positive for fentanyl and amphetamine. Minor tested positive for methamphetamine and

fentanyl. Minor exhibited withdrawal symptoms including high-pitched crying, tremors,

and irritability. Minor was transferred to the neonatal intensive care unit (NICU).

Mother reported the use of fentanyl one week prior to Minor’s birth and admitted to using

methamphetamine during her pregnancy. Father reported being a “historical drug user”

but denied current drug use. During the hospital stay, Mother and Father (Parents) left

Minor unattended while they went into the restroom together.

Social workers went to the hospital; Mother had been discharged and Minor was

still in the NICU. Minor was still experiencing withdrawal symptoms including high

blood pressure, high temperature, high-pitched crying and tremors. Parents had not

visited Minor in five days. On June 3, 2024, Minor was ready to be discharged from the

hospital. MGM had been visiting with Minor at the hospital. Minor was placed in a

3 MGM filed her opening brief with a limited record as she is a relative and not a parent entitled to inspect the juvenile case file. (See § 827.) CFS requested that this court take judicial notice of the detention report, detention warrant, minute order from the detention hearing, the jurisdiction/disposition report and an addendum report. We have granted the request.

3 foster home. Mother had two other children. Their father, A.B., had sole physical and

legal custody.

MGM informed a social worker with CFS that she had not seen Mother during her

pregnancy except for one time two weeks prior to her giving birth to Minor. Mother did

not live with MGM. MGM had been trying to get Mother placed into a drug treatment

program. MGM was applying for conservatorship of Mother. Mother did not have

custody of her other children due to her drug use. Mother reported she used fentanyl and

methamphetamine during her pregnancy and saw a doctor only one time during the

pregnancy. Mother wanted Minor to go to MGM or the paternal grandmother. Mother

reported that she was homeless.

MGM provided transportation for Minor’s siblings to appointments and cared for

them on occasion. A.B. had both siblings in his home and did not want them to be

involved with Mother. Mother had no prior child welfare history or criminal record.

Results were pending for emergency placement of Minor with MGM.

CFS filed a section 300 petition, which has not been made part of the record, but

the allegations appear in the record (petition). It was alleged against Parents, pursuant to

section 300, subdivision (b), that Mother had an untreated substance abuse problem,

Mother and Minor tested positive for fentanyl and methamphetamine at birth, Mother

should have known that Father had an untreated mental health problem that impacted

Minor’s safety, Father should have known about Mother’s untreated substance abuse

problem, and Father suffered from untreated substance abuse and mental health

problems. Under section 300, subdivision (g), it was alleged that Parents had left Minor

4 without any provisions for her care. A detention hearing was held on June 6, 2024. Only

A.B. is listed as being present at the hearing. Minor was detained and placed in a foster

home.

B. JURISDICTION/DISPOSITION REPORT

The jurisdiction/disposition report was filed on June 24, 2024. It was

recommended that Minor be detained from Mother’s custody; Mother was to be granted

six months of reunification services. Father would be given reunification services if he

completed a paternity test. Mother was not present at the detention hearing and could not

be notified of the jurisdiction/disposition hearing because her whereabouts were

unknown. CFS was requesting a continuance of the jurisdiction/disposition hearing in

order for Father to complete paternity testing. The prognosis of reunification for Parents

was “poor.” It was necessary to remove Minor from their custody. CFS had not been

able to speak with Father or Mother during the reporting period. Mother had texted CFS

and a meeting was scheduled but she did not show up for the appointment.

CFS reported that MGM was interested in placement of Minor. It was stated by

the social worker, “On June 3, 2024, the undersigned was informed . . . that placement

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