In re Ernesto M. CA2/8

CourtCalifornia Court of Appeal
DecidedMay 18, 2026
DocketB343495
StatusUnpublished

This text of In re Ernesto M. CA2/8 (In re Ernesto M. CA2/8) 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 Ernesto M. CA2/8, (Cal. Ct. App. 2026).

Opinion

Filed 5/18/26 In re Ernesto M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Ernesto M. et al., Persons B343495 Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 23CCJP02994A–B) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

D.P.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Stephen Marpet, Commissioner. Affirmed. Caitlin Christian, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Aileen Wong, Principal Deputy County Counsel, for Plaintiff and Respondent. _________________________________ INTRODUCTION D.P. (Mother) appeals from the juvenile court’s orders at a combined six-month and 12-month review hearing held for her minor children under Welfare and Institutions Code section 366.21, subdivisions (e) and (f).1 On appeal, Mother contends the juvenile court erred in finding that the Los Angeles County Department of Children and Family Services (DCFS) provided her with reasonable services because the agency failed to make and implement a reunification plan tailored toward Mother’s specific needs as a developmentally disabled person. We conclude there was substantial evidence to support the juvenile court’s reasonable services finding, and accordingly, affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Section 300 petition Mother and Francisco M. (Father) are the parents of two children, Ernesto M. (a boy born in January 2012) and Ana M. (a girl born in May 2015). Mother was previously diagnosed with an intellectual disability and receives Regional Center services. The children were first declared dependents of the juvenile court in 2015, and were removed from the parents based on Father’s domestic violence against Mother and Mother’s failure to protect the children from Father. The court returned the children to the parents’ custody in 2017 and then terminated jurisdiction. The current matter came to DCFS’s attention in August 2023 after Mother was hospitalized due to methamphetamine use. As of 2023, Mother had been residing with the paternal

1 Unless otherwise stated, all further undesignated statutory references are to the Welfare and Institutions Code.

2 grandparents for 11 years. The children also resided with Mother in the paternal grandparents’ home. In July 2023, the paternal grandmother forced Mother to leave the home because of her drug use. In an August 2023 interview with DCFS, Mother initially denied any drug history, but later admitted she used cocaine while the children were present in the home. A maternal aunt told DCFS that Father supplied Mother with the drugs. The maternal aunt also noted that Mother was not capable of caring for the children on her own and was “barely able to care for herself” due to her developmental delays. After Mother was released from the hospital, she began staying in a group home for developmentally disabled adults. The children continued residing with Father in the paternal grandparents’ home. In an August 2023 interview with DCFS, Mother’s parent trainer, Maria Marquez, reported that she had been working with Mother through the Regional Center for about 12 years. Marquez assisted Mother three days a week, and she observed that Mother was appropriate with the children and able to meet their basic needs. However, due to her disability, Mother could be easily distracted, and the paternal grandmother had always been there to assist Mother in caring for the children. On September 5, 2023, DCFS filed a section 300 petition for the children, alleging that they were at substantial risk of harm based on Mother’s substance abuse and Father’s failure to protect the children from Mother. At a September 20, 2023 detention hearing, the juvenile court detained the children from both parents and placed them with the paternal grandmother. The court initially ordered Father to reside outside the paternal grandparents’ home, but later allowed Father to return to the home on the condition that he test negative for drugs and alcohol.

3 The court granted Mother monitored visits with the children. At a subsequent hearing held on October 23, 2023, the court ordered DCFS to provide Mother with appropriate referrals for services, including weekly random drug testing, and to assist Mother with a visitation schedule. 2. Jurisdictional and dispositional hearing For its October 2023 jurisdiction/disposition report, DCFS interviewed the family regarding the allegations in the petition. In her interview, Mother admitted she used drugs in the past, but continued to deny any recent usage. She also declined to submit to a drug test at that time. The social worker observed that Mother was able to engage in conversation, but had difficulty explaining her thinking and elaborating on her answers. Even though Mother requested that the interview be conducted in English, she was better able to respond when the social worker re-asked certain questions in Spanish. Mother related that she wished to see the children, but she could not care for them on her own and wanted them to remain with Father and the paternal grandmother. In his interview, Father denied that he was aware of any drug use by Mother prior to her August 2023 hospitalization. In addition to interviewing the family, DCFS spoke with Mother’s group home supervisor, Melissa Gordon. She stated that the home was working with Mother on her daily living skills such as obtaining a job and transitioning to her own apartment. Gordon indicated that if Mother had to participate in court- ordered services, the home could not link her with those services, but could assist with transportation. For its report, DCFS also obtained a letter from Mother’s Regional Center service coordinator, Deisy Villanueva, verifying that Mother began

4 receiving services in 1994 and would continue to do so throughout her lifetime due to her intellectual disability. Villanueva provided a copy of Mother’s psychological evaluation, which was conducted in 1994 when Mother was 12 years old to determine her eligibility for services. According to the evaluation, Mother had the cognitive and adaptive skills of an eight-year-old, and she was diagnosed with mild mental retardation. In its report, DCFS stated that, due to Mother’s intellectual disability, she did not appear to understand the impact that her drug use had on the children and their safety. DCFS recommended the juvenile court sustain the petition and provide Mother with enhancement services, including weekly drug testing, developmentally appropriate parenting classes, and individual counseling to address case issues. Prior to the adjudication hearing, DCFS submitted several addendum reports providing updated information on the family. As of November 2023, Father had left the paternal grandparents’ home and was not assisting with the care of the children. He later informed the social worker that he was not interested in participating in services, and instead wanted the paternal grandmother to become the children’s legal guardian. During this period, the social worker set up weekly drug testing for Mother, mailed the drug testing referral to her, and made various attempts to call her to discuss the case. However, Mother was not responsive to these efforts to reach her.

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Bluebook (online)
In re Ernesto M. CA2/8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ernesto-m-ca28-calctapp-2026.