In re J.M. CA4/1

California Court of Appeal·Decided November 22, 2023·No. D082385·Unpublished

Opinion

Filed 11/22/23 In re J.M. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re J.M., a Person Coming Under D082385 the Juvenile Court Law.

SAN DIEGO COUNTY HEALTH (Super. Ct. No. J521176) AND HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

P.M. et al.,

Defendants and Appellants.

APPEALS from the orders of the Superior Court of San Diego County, Marissa A. Bejarano, Judge. Affirmed. Suzanne M. Davidson, under appointment by the Court of Appeal, for Defendant and Appellant P.M. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant J.M. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Eliza Molk, Deputy County Counsel, for Plaintiff and Respondent. P.M. (Mother) and her son, J.M., appeal from the juvenile court’s

findings and orders made at the Welfare and Institutions Code1 section 361 dispositional hearing. On appeal, Mother and J.M. argue that the juvenile court abused its discretion in placing J.M. in Arizona with the maternal aunt pursuant to section 361.3, the relative placement statute. We disagree and affirm the trial court. FACTUAL AND PROCEDURAL BACKGROUND A. Abuse Incident Leads to Agency Referral In January 2023, bystanders physically detained Mother after they saw her hit her then two-year-old-son J.M. in the face multiple times. A bystander took J.M. from Mother while other individuals called police. Mother was intoxicated and attempting to leave when she encountered another bystander, whom she punched in the face and knocked to the ground. Upon arriving at the scene, an emergency response worker saw an open bottle of liquor, readily accessible to J.M., next to Mother’s belongings. Emergency responders took J.M. and Mother to separate hospitals. A doctor examined J.M., finding a swollen upper lip and a reddened cheek with linear marks. The doctor opined that the injuries were diagnostic of physical abuse. Upon receiving a call from law enforcement about the incident, J.M.’s maternal great-uncle attended to J.M. at the hospital and signed a caregiver affidavit.

1 All further statutory references are to the Welfare and Institutions Code. 2 B. The Agency’s Initial Investigation The great-uncle told the social worker that he did not get along with Mother because she acted verbally and physically aggressive toward J.M. He already adopted J.M.’s older sister due to Mother’s drug use and domestic violence. The night prior to this incident, J.M. spent the night at the great- uncle’s house. When the great-uncle returned J.M. to Mother, J.M. clung to him, not wanting to go. The great-uncle said he was “done with” Mother, emphasized her aggressive nature, expressed concern for J.M.’s safety while in her care, and described her as a “ticking time bomb” with “no care for [J.M.].” The great-uncle said that Mother fails to keep J.M. clean and sells J.M.’s shoes, clothing, and toys for money to buy drugs. Hospital staff and the emergency response worker observed J.M. to be bonded and affectionate with the great-uncle. Mother told the social worker that, prior to the incident, she took J.M. with her to get liquor, drinking two shots of liquor once outside the store. She explained that she suffered from schizophrenia, could not decipher her surroundings and experienced “ ‘blacking in and out. I don’t know what was real or what wasn’t real.’ ” However, she admitted she yelled and cursed at J.M. and may have accidentally hit him. The Agency previously opened a voluntary case for Mother because she used heroin, methamphetamine, and marijuana while pregnant with J.M. She took illicit drugs during her first trimester, but ceased use after learning of her pregnancy. Mother reported avoiding controlled substances since 2021 but drank alcohol on and off every few months. In addition to schizophrenia, Mother suffers from bipolar disorder. She stopped taking psychotropic medication a few years earlier and did not participate in mental health services.

3 The social worker also spoke with J.M.’s maternal aunt (Aunt), who reported that Mother cared for J.M.’s basic needs but yelled at him due to frustration. Aunt was concerned about Mother’s substance abuse and mental health. She believed Mother failed to place J.M. on an appropriate sleep schedule. Aunt observed J.M. exhibiting some of Mother’s negative habits, like her short temper. Aunt and the maternal family attempted to correct those behaviors in J.M. She and the maternal family agreed the great-uncle would make the best immediate custody placement for J.M. because the great-uncle lived in San Diego. Aunt lived in Arizona but expressed her desire to provide J.M. long-term care. C. The Agency’s Petition and the Detention Hearing In early February 2023, soon after the January 2023 incident, the Agency filed a petition on J.M.’s behalf because of Mother’s untreated mental health issues. Mother agreed to allow the great-uncle to care for J.M. as part of a safety plan. The Agency received a criminal protective order prohibiting contact between J.M. and Mother until 2026. The juvenile court appointed counsel for Mother and for J.M. while detaining J.M. in the great-uncle’s home. To align the criminal court order with juvenile orders, the criminal court modified its protective order to allow Mother supervised visits. D. The Agency’s February 2023 Jurisdiction and Disposition Report

As part of its responsibilities, the Agency prepared a jurisdiction and disposition report. It reflected Mother reported using alcohol and marijuana starting at age eight, cocaine in junior high school, and “crack” after leaving high school. Although she experienced periods of sobriety lasting up to five years, she also began using methamphetamine and heroin. She suffers from bipolar disorder and schizophrenia, was prescribed medication, but inconsistently complied with treatment. Mother recently received new 4 prescriptions and began taking her medication because of this case. In early February 2023, Mother tested negative for all substances. Mother initially expressed wanting J.M. placed with the great-uncle, Aunt, or any maternal family member. The Agency report reflects that the great-uncle once again expressed fear for J.M.’s safety if Mother regained custody. He identified several individuals to testify against J.M.’s return to Mother’s care. The great-uncle did not think Mother should ever regain custody of J.M. or that they should have any contact. When the social worker brought up visitation between Mother and J.M., he responded, “ ‘I will not allow that to happen’ ” and “ ‘I am going to stop that.’ ” The social worker informed him that he cannot make decisions regarding visitation, that all parties must abide by the court’s orders, and that he should be more neutral with the court process and in his role as J.M.’s caregiver. Aunt noted that Mother did not express gratitude to the maternal family for their care of her older children. Mother could be manipulative, mean, and loving all at the same time. As one example, Aunt recounted how Mother and J.M. stayed with her for Thanksgiving. Even though Aunt requested that while staying at her house, Mother not abuse any substances, Mother got drunk and high, yelling in the streets at 1:00 a.m. Police responded after receiving a complaint call. However, given the great-uncle’s and other relatives’ advancing ages, and that these people already spent time caring for Mother’s children, Aunt felt it was her turn to take care of J.M.

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