In re L.M. CA4/3

CourtCalifornia Court of Appeal
DecidedNovember 18, 2025
DocketG065467
StatusUnpublished

This text of In re L.M. CA4/3 (In re L.M. CA4/3) 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 L.M. CA4/3, (Cal. Ct. App. 2025).

Opinion

Filed 11/18/25 In re L.M. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re L.M., a Person Coming Under the Juvenile Court Law. G065467

ORANGE COUNTY SOCIAL (Super. Ct. No. 17DP1327B) SERVICES AGENCY, OPINION Plaintiff and Respondent,

v.

S.M.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, June Jee An, Judge. Affirmed. Suzanne Davidson, by appointment of the Court of Appeal, for Defendant and Appellant. Leon J. Page, County Counsel, Debbie Torrez and Aurelio Torre, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor. * * * S.M. (Father) appeals the juvenile court’s finding at the 18-month review hearing that he was provided reasonable reunification services with respect to his then 15-year-old daughter, L.M. Specifically, Father contends the Orange County Social Services Agency (the Agency) failed to provide in- person conjoint counseling with L.M. and liberalize his visits with her. At the same hearing, the juvenile court ordered L.M. returned to the custody of her mother, N.C., denied Father’s request for custody, terminated Father’s reunification services, and scheduled a family maintenance hearing pursuant to Welfare and Institutions Code section 364.1 Father does not challenge these rulings, however.2 He challenges only the court’s finding that he was provided reasonable reunification services. We conclude substantial evidence supports the court’s finding of reasonable reunification services and affirm.

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

2 Although Father’s notice of appeal states he is appealing the denial of custody to him, he does not address that issue in his appellate briefing. He also does not contest either the court’s award of custody to N.C. or the order terminating his reunification services. We therefore consider any challenge by Father to these aspects of the court’s order waived. (In re Sade C. (1996) 13 Cal.4th 952, 994 [order challenged on appeal is presumed correct so appellant must raise claims of error and “‘present argument and authority on each point made’”]; Shaw v. Hughes Aircraft Co. (2000) 83 Cal.App.4th 1336, 1345–1346, fn. 6 [“[A]n appellant’s failure to raise an issue in its opening brief waives it on appeal”].)

2 3 FACTS AND PROCEDURAL HISTORY I. BACKGROUND Father and N.C. were together for 17 years, until approximately 2015 or early 2016. L.M. is one of their five children. Father and N.C.’s involvement in juvenile dependency proceedings dates back to 2017, when N.C. left all five children alone overnight in a motel room and they became dependents of the court. In 2019 and 2021, two other panels of this court issued decisions detailing the extensive history of issues involving Father and N.C., including criminal allegations against Father of stalking and making criminal threats; both parents’ incarceration, as well as mental health and substance abuse issues; and domestic violence.4 As of February 2023, when the children were removed in the current proceedings, Father had full custody of them.

3 The following summary is limited to certain background information and facts relevant to the juvenile court’s finding of reasonable reunification services as to Father and L.M. made at the 18-month review hearing. Our recent unpublished decision in the related child welfare proceedings involving certain of L.M.’s siblings contains more detailed facts relating to the proceedings. (See S.M. et al. v. Superior Court (Sept. 11, 2025, G065442) [nonpub. opn.].)

4 See In re T.M. (Feb. 15, 2019, G056588) [nonpub. opn.] [rejecting Father’s appeal of order denying him visitation during pendency of juvenile dependency proceeding]; In re T.M. (Oct. 4, 2021, G060012) [nonpub. opn.] [affirming termination of dependency proceeding with exit orders granting full legal and physical custody of children to Father and granting monitored visitation to N.C.].

3 II. REMOVAL, DETENTION, AND PETITION In February 2023, the Agency received a report Father and his live-in girlfriend were involved in a dispute resulting in domestic violence while the children were home; the children heard but did not witness the incident. During the Agency’s initial investigation, the children reported an incident involving Father and L.M.’s older sister, M.M., who was then 16 years old, that took place in the presence of the other children. M.M. reported Father became upset and stated he did not want her in the home and called her a “‘disrespectful whore.’” Father also called her a “‘slut’” and told her to go “‘suck a dick, like your mother.’” Father then crushed a cup M.M. was holding against her chest and pushed her against the wall. Father also “smash[ed]” M.M.’s face before she called the police. Father reportedly told L.M. when a “‘bitch gets out of line’” he feels like beating them. The Agency also learned Father had been failing to provide for the children’s basic needs, had been diagnosed with bipolar disorder, was not taking his medication, and had progressively worsened throughout the years to the point where he was not fit to care for the children. On February 18, 2023, the Agency obtained a protective custody warrant to remove the children from Father’s care. The Agency filed a petition on February 22, 2023, alleging L.M. came within section 300, subdivisions (a), (b)(1), (c) and (j), and later amended the petition. The juvenile court ordered the children detained from Father on February 23,

4 2023,5 and released the children to N.C. Less than three weeks later, however, N.C. tested positive for narcotics, and L.M. and her siblings were removed from her care and placed in out-of-home care.

III. JURISDICTION AND DISPOSITION On May 2, 2023, the juvenile court found the allegations of the operative amended petition true, bringing the children within the definitions of section 300, subdivisions (a), (b)(1), (c), and (j). The court found vesting custody with Father and N.C. would be detrimental to the children and vesting custody with the Agency was necessary to serve their best interest. Father and N.C. were offered family reunification services. IV. INITIAL REUNIFICATION PERIOD AND COMBINED SIX/12 MONTH REVIEW HEARING After the May 2023 disposition, L.M. expressed some trepidation about visiting with Father due to his past verbal abuse. Although she was willing to attend supervised visits, L.M. stated she might feel awkward seeing Father again and was afraid she might start crying. An early July visit went well according to L.M., although just days earlier Father had stated to the Agency he would “‘not be part of [the children’s] life if they have contact with their mother. I don’t want to be around a bunch of liars that hang out with a whore.’” In late August, Father gave L.M. a letter apologizing for his actions, and the two began to exchange text communications. By early September, however, Father had sent multiple inappropriate messages to L.M., ranging from pictures of his scantily-clad

5 Father was found to be the presumed father of L.M. and the other minor children.

5 girlfriend to disparaging remarks and accusations about N.C. Father subsequently messaged the Agency that L.M. was blackmailing and threatening him. Father’s obsessive barrages of inappropriate messages to L.M.

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Related

In Re Sade C.
920 P.2d 716 (California Supreme Court, 1996)
In Re Danielle W.
207 Cal. App. 3d 1227 (California Court of Appeal, 1989)
Shaw v. Hughes Aircraft Co.
100 Cal. Rptr. 2d 446 (California Court of Appeal, 2000)
In Re Misako R.
2 Cal. App. 4th 538 (California Court of Appeal, 1991)
Elijah R. v. Superior Court of L.A. Cty.
78 Cal. Rptr. 2d 311 (California Court of Appeal, 1998)
Robin v. v. SUPERIOR COURT
33 Cal. App. 4th 1158 (California Court of Appeal, 1995)
In Re Erika W.
28 Cal. App. 4th 470 (California Court of Appeal, 1994)
In Re Gabriel L.
172 Cal. App. 4th 644 (California Court of Appeal, 2009)
San Diego Cnty. Health & Human Servs. Agency v. A.J. (In re A.G.)
219 Cal. Rptr. 3d 239 (California Court of Appeals, 5th District, 2017)

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Bluebook (online)
In re L.M. CA4/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lm-ca43-calctapp-2025.