In re Jeremiah C. CA1/3

CourtCalifornia Court of Appeal
DecidedMay 30, 2025
DocketA172064
StatusUnpublished

This text of In re Jeremiah C. CA1/3 (In re Jeremiah C. CA1/3) 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 Jeremiah C. CA1/3, (Cal. Ct. App. 2025).

Opinion

Filed 5/30/25 In re Jeremiah C. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re Jeremiah C. et al., Persons Coming Under the Juvenile Court Law.

SONOMOA COUNTY HUMAN SERVICES DEPARTMENT, A172064

Plaintiff and Respondent, (Sonoma County Super. Ct. v. Nos. DEP-5169-01, DEP-5170-01) W.C., Defendant and Appellant.

W.C. (Mother) appeals from an order terminating parental rights under Welfare and Institutions Code section 366.26.1 She contends the juvenile court erred in denying her section 388 petition and in terminating her parental rights after declining to apply the parental-benefit exception. We affirm.

1 All undesignated statutory references are to the Welfare and Institutions Code.

1 FACTUAL AND PROCEDURAL BACKGROUND A. The Dependency Petition and Guardianship In April 2017, the Sonoma County Human Services Department (the Department) filed a juvenile dependency petition alleging Jeremiah C., then 16 months old, and Josiah C.,2 then 3 months old, came within the jurisdiction of the juvenile court pursuant to section 300, subdivision (b), because Mother’s serious untreated mental health issues prevented her from adequately parenting the minors. Specifically, the petition alleged Mother had been diagnosed with post-traumatic stress disorder (PTSD) which manifested in rage, screaming, claims she could see the devil in others, and the failure to attend to the minors’ needs. For example, Mother failed to comfort the minors when she scared them by screaming, failed to properly supervise them, failed to change their diapers, and handled them aggressively. The juvenile court detained the minors. The Department filed a jurisdiction report indicating that Mother was unhoused, that the Department had been unable to contact the minors’ father (Father), and that the minors had been placed with their maternal grandmother (Grandmother), who was already the legal guardian of their older brother, L.C. The Department reported that the minors were in an “alarming” state when taken into custody and that Mother’s reality is “fragmented” and “distorted.” In July 2017, the juvenile court sustained the allegations of the petition, took jurisdiction over the minors, and ordered Mother to complete two psychological evaluations.

2 We will hereafter refer to the minors by their first names only, and collectively as the “minors.”

2 The Department’s disposition report indicated Mother’s mental health issues made it impossible for her to provide for the needs of herself and the minors, as she was unable to use resources like homeless shelters or similar programs. For her part, Mother refused to participate in voluntary family maintenance services. In addendum reports, the Department documented the results of Mother’s two psychological evaluations: one psychologist concluded her symptoms strongly suggested bipolar disorder, while the second diagnosed her with mild schizophrenia without hallucinations. Both recommended the court bypass Mother for services, as she was unlikely to sufficiently benefit from services within the mandated time period to reunify with the minors. At the December 2017 disposition hearing, Mother and Father agreed to waive their rights to reunification services and agreed to Grandmother’s appointment as the minors’ legal guardian. The juvenile court declared the minors dependents, issued letters of guardianship, ordered that both parents receive reasonable visitation as arranged by Grandmother, and dismissed the case. B. 2019 and 2022 Section 388 Petitions In 2019 and 2022, Mother filed three section 388 petitions seeking either to re-open the case and have the minors placed with her, or for additional visitation. The juvenile court denied the first two of these petitions on the ground they did not state new evidence or a change in circumstances. The court denied the last of these petitions because there was no showing regarding Mother’s “mental health and other behaviors” or that the requested order was in the minors’ best interest.

3 C. 2023 Section 388 Petition In March 2023, Mother filed a section 388 petition seeking to terminate the guardianship, or for immediate unsupervised visitation with L.C. and the minors. In addition to reiterating the changed circumstances alleged in her prior section 388 petitions—e.g., that she had stable housing and regularly participated in therapy—Mother indicated she had a reliable car, was writing a book, had taken parenting classes, stopped smoking, and had legal custody of L.C. whose guardianship was terminated in October 2022. Mother claimed that Grandmother cut off visitation with the minors after Mother obtained custody of L.C. The court set an evidentiary hearing to consider the petition. The Department submitted a report recommending denial of Mother’s request to terminate the guardianship. The Department reported the minors had lived with Grandmother most of their lives and had a healthy attachment to her that was not in their interests to dissolve. The Department recommended the only change to visitation should be the scheduling of one supervised visit, to assess the minors’ response to seeing Mother. The Department further requested that the court reopen the cases and set a section 366.26 hearing because Grandmother wanted to adopt the minors. On June 6, 2023, the juvenile court denied Mother’s request to dissolve the guardianship but reserved the issue of visitation and the Department’s request to set a section 366.26 hearing. In the meantime, the court ordered that Mother receive weekly supervised visits. Prior to the next hearing, Mother received four visits. Josiah declined to attend two of them, but Jeremiah went to all four. The visits went well, and the minors exhibited no distress upon departing. Sometime after the first visit, Jeremiah displayed regressive behaviors, such as sucking his thumb, asking Grandmother to hold

4 him like a baby, and soiling his pants at night. After one visit, Josiah had a “significant melt down,” which was very unusual. On July 6, 2023, the juvenile court denied Mother’s section 388 petition and reduced visits from weekly to monthly supervised in-person visits, plus supervised monthly phone calls. The court set a hearing for October to review visitation. The Department filed an addendum report addressing visitation. Mother’s first visit went well, though neither minor responded when Mother told them she loved them at the end of the visit. After the visit, Josiah looked upset and indicated he did not like being away from Grandmother; Jeremiah asked what would happen if Grandmother did not come. Grandmother reported Josiah had a nightmare that week about being taken away. The minors’ therapist reported that after the August 2023 visit, both minors said they preferred monthly rather than weekly visits. Josiah did not like visiting with Mother. In October 2023, Mother filed another section 388 petition asking for increased visitation, which the court denied. The court set a section 366.26 hearing. D. The 2024 Section 366.26 Report and Section 388 Petition In February 2024, the Department filed a section 366.26 report recommending the juvenile court terminate Mother’s and Father’s parental rights and order adoption as the minors’ permanent plan. The Department indicated, per Jeremiah’s therapist, that Jeremiah had not changed his mind about wanting to see Mother only once a month and was worried about being taken from Grandmother.

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Bluebook (online)
In re Jeremiah C. CA1/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jeremiah-c-ca13-calctapp-2025.