In re B.J. CA1/4

CourtCalifornia Court of Appeal
DecidedSeptember 24, 2025
DocketA172270
StatusUnpublished

This text of In re B.J. CA1/4 (In re B.J. CA1/4) 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.J. CA1/4, (Cal. Ct. App. 2025).

Opinion

Filed 9/24/25 In re B.J. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re B.J. et al., Persons Coming Under the Juvenile Court Law.

SONOMA COUNTY HUMAN SERVICES DEPARTMENT, Plaintiff and Respondent, A172270 v. (Sonoma County C.J., Super. Ct. No. DEP655702, Defendant and DEP655802) Appellant.

C.J. (mother) appeals an order terminating her parental rights to her now six-year-old son B.J. and four-year-old daughter J.G. pursuant to Welfare and Institutions Code section 366.26.1 She contends that the juvenile court erred by (1) denying a request by the children’s maternal grandmother (grandmother) for consideration as relative placement for the children under an alternative permanent plan; (2) denying her section 388 petition,

1 All undesignated statutory references are to the Welfare

and Institutions Code. which sought to vacate the section 366.26 hearing and grant her custody of her children; and (3) terminating her parental rights after declining to apply the parental-benefit exception. We find no error and affirm the order. BACKGROUND In February 2022, the Sonoma County Department of Social Services (department) filed dependency petitions under section 300, subdivision (b) to protect then three-year-old B.J., nine-month-old J.G., and their 15-year-old sibling, E.J. The petitions alleged that the children were at risk of serious physical harm due to substance abuse by J.G.’s father (father) and a pattern of violent outbursts by father against mother, who failed to protect herself and the children from harm.2 At the time the petitions were filed, mother was living with the children in grandmother’s home. At the detention hearing, the court ordered that the children remain in mother’s care. In advance of the jurisdiction hearing, the department recommended that the petitions be sustained, the children remain in mother’s care with family maintenance services, and a six-month review hearing be scheduled. At the hearing, the court sustained the allegations of the petitions and adopted the department’s recommendations. In September 2022, the department filed a supplemental petition alleging that the previous disposition was not effective in

2 J.G.’s father did not participate in the proceedings and

has not filed an appeal of the order terminating his parental rights. The department was unable to locate the fathers of the other two children.

2 the protection of the children. The petition alleged that, while caring for the children, mother relapsed on methamphetamine and amphetamines as evidenced by a positive drug screening on July 31, 2022. Additionally, the petition alleged that on June 25, 2022, mother informed the department that she was threatened by father with the children present and on July 31, 2022, mother was assaulted by father. The report prepared for the detention hearing on the supplemental petition recommended the children be removed from mother’s care. The department expressed concern that, if the parents continued to use substances and not to comply with their case plan, the children would be at great risk of emotional and physical harm. The report also indicated that grandmother was willing to be considered for placement for B.J. and E.J. but that it would require mother to find another residence. At the hearing, the children were detained. E.J. was placed with his maternal grandmother.3 The two younger siblings were placed together in a nonrelative foster home. The six-month review hearing was vacated and a jurisdiction/disposition hearing was set for October 2022. In advance of the jurisdiction/disposition hearing, the department recommended that the children continue in their foster care placements and that mother be afforded reunification services. The department acknowledged grandmother’s request that B.J. be placed in her care but noted that “there are some

3 Mother’s parental rights were not terminated as to E.J.

and he is not a party to the present appeal.

3 things that need to be changed to the safety of the home for it to be suitable for a child his age.” According to the older sibling, grandmother could not take care of both B.J. and J.G. because they would be “too much” for her and she would have to take them both to work with her. The court sustained the allegations of the supplemental petition, removed the children from mother’s care, and ordered family reunification services to mother. The court also scheduled a six-month review hearing. In the six-month review report, filed in March 2023, the department recommended continuing reunification services to mother. The department acknowledged that mother had moved out of grandmother’s home so that the older sibling could be placed with grandmother and that grandmother still wanted B.J. placed with her, but stated that he could not be placed with her because of the current condition and configuration of her home. In supplemental reports filed in April and July 2023, the department changed its recommendation and requested termination of reunification services for B.J. and J.G. due to their young ages and mother’s lack of progress in completing her case plan. At the hearing, however, the parties stipulated to an additional six months of reunification services for mother, and a twelve-month review hearing was set for September 2023. In the twelve-month review report, the department recommended terminating reunification services. Again, the report indicates that grandmother expressed her interest in having B.J. placed in her home. The department reported that it

4 had referred grandmother to an agency in the fall of 2022 to address the concerns about the configuration of her home, but that grandmother “has not been able to adequately change the conditions of the home.” At the review hearing, the parties again stipulated to an additional six months of reunification services for mother. The eighteen-month review hearing was scheduled for March 2024. In the eighteen-month review report filed in April 2024, the department recommended terminating reunification services to mother and setting a section 366.26 hearing. The report explained that mother continued not to comply with drug testing and there were numerous occasions where she would test the following day or miss tests altogether. She struggled with time management and missed visits with the children, therapy appointments, and her mom’s group. Mother attended individual therapy with one provider until September 2023, and in December 2023 was referred for additional counseling with a different provider, but that provider ended therapy after mother missed and cancelled sessions, noting mother felt she did not need therapy. The provider reported to the department that she suspected mother was using substances. Mother was encouraged to go to a support group for mothers, but the facilitator noted she was no longer attending and had not attended in over month. Mother did not want to take any medications and did not feel like she needed any. She reported that her stress and mental health issues were directly related to her not being able to be with her children full time. She asserted that she was being abused by the

5 department, and that if her children were returned and the department was not involved, she would have no mental health issues. Mother was referred to an outpatient drug treatment program but was unable to complete the assessment due to aggressive outbursts during the appointment.

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Bluebook (online)
In re B.J. CA1/4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bj-ca14-calctapp-2025.