In re Ollie M. CA1/3

CourtCalifornia Court of Appeal
DecidedDecember 19, 2025
DocketA172177
StatusUnpublished

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

Opinion

Filed 12/18/25 In re Ollie M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 OLLIE M., a Person Coming Under the Juvenile Court Law.

NAPA COUNTY HEALTH AND HUMAN SERVICES, A172177 Plaintiff and Respondent, v. (Napa County Super. Ct. No. 23JD000054) AMANDA D., Defendant and Appellant.

Amanda D. (mother) seeks to appeal from a six-month status review order in a dependency case pertaining to her young son, Ollie. (Welf. & Inst. Code, §§ 300, 361; statutory references are to this code.) As a preliminary matter, she contends that her late notice of appeal must be deemed timely because her trial counsel’s failure to file the notice on her behalf constituted ineffective assistance of counsel. (See In re A.R. (2021) 11 Cal.5th 234 (A.R.).) On the merits, mother challenges the sufficiency of the evidence to support findings that she was afforded reasonable reunification services, and that Ollie cannot be safely returned to her custody. We find that mother may pursue her appeal. However, we reject her claims of error and affirm the challenged order.

1 BACKGROUND Proceedings Prior to Declaration of Dependency Mother filed a prior unsuccessful appeal from the dispositional order declaring Ollie a dependent of the juvenile court and removing him from the custody of his parents. (In re Ollie M. (Dec. 11, 2024, A169982) [nonpub. opn.] (Ollie I).) Ollie I contains a detailed account of the facts and proceedings that culminated in the disposition order, which we summarize here. In October 2023, Napa County Health and Human Services (the department) filed a petition on behalf of six-month-old Ollie, alleging that he faced a substantial risk of physical harm due to intimate partner violence between mother and Ollie’s father, Erik M. (father). (§ 300, subdivision (b)(1) (section 300(b)(1))). Department reports described incidents when both parents engaged in physical violence against each other and against the maternal grandparents. (Subsequent references to grandparents are to Ollie’s maternal grandparents.) The most recent incident occurred in August 2023. Fortunately, mother had called grandfather to pick up Ollie before she was injured during the altercation with father. According to the police report, father was suspected of running mother over with his truck and had fled the scene. Mother was taken to the hospital with a possible brain injury, where she tested positive for methamphetamines. When police located father, he refused to submit to a sobriety test, admitted that he used cocaine the previous night, and was placed under arrest. In the wake of the August 2023 incident, mother acknowledged memory problems due to brain trauma, but she insisted that the altercation was “ ‘all her fault.’ ” She denied using illegal drugs, and expressed deep frustration about a criminal protective order that had been obtained against father on

2 her behalf, reporting that he was a good father and caregiver. After father was released from jail, he rebuffed the department’s attempts to contact him, and that attitude never changed.1 Before the department initiated this dependency proceeding, mother was offered family maintenance services, but she would not accept them. Mother insisted that the restraining order should be dropped, that father had done nothing wrong, and that she was at fault for violence in their relationship. She reported that she was receiving treatment for postpartum depression at Kaiser, but she declined to sign a release so the department could obtain information about her treatment. Mother admitted that she and father had used cocaine a few days before the August 2023 incident but described it as a one-time thing, and she insisted that drugs played no role in the altercation. On October 24, 2023, the department took Ollie into protective custody with the assistance of law enforcement after learning that father had been seen in mother’s home notwithstanding the restraining order. Mother became distraught. She denied violating the restraining order, taking the position that it did not prevent father from being in her home so long as they were not together. After Ollie was taken into custody, officers placed mother on a 72-hour psychiatric hold because she had threatened to kill herself. In November 2023, Ollie was placed with his grandparents. Mother continued to resist department efforts to provide services. She was angry about Ollie’s removal, believing it was unjustified and illegal, she denied domestic violence ever occurred, claimed she was at fault for her own injuries in August 2023, disputed the results of her hospital drug test, and denied

1 As father is not a party to this appeal, we discuss his situation only as

it is relevant to mother’s appeal.

3 that she previously admitted using cocaine. In late November, mother accepted a referral for therapy, and she was referred for alcohol and drug services, but she would not accept services relating to domestic violence and refused to authorize release of any records. In a December 2023 disposition report, the department recommended that the juvenile court declare Ollie a dependent, continue the relative placement, and order reunification services for both parents. The report contained additional background about prior violent incidents and the ongoing investigation of the August 2023 incident. Mother objected to the department’s recommendations and the matter was continued for a contest. Prior to the contested hearing, mother’s therapist reported that mother was anxious and paranoid, that she was protecting father, and she may not have been taking prescribed medication. Mother refused to see the therapist again and “ ‘recanted’ ” all of her releases, but she eventually accepted a referral to another therapist. At the contested hearing, mother did not dispute jurisdiction but requested that the court return Ollie to her with a family maintenance plan. On January 18, 2024, the court exercised jurisdiction over Ollie, and declared him a court dependent (the January 2024 order). The court found that Ollie faced a substantial risk of danger due to concerns about “ ‘the history of violence in the home, the escalation of violence, the parents’ drug use, mother’s mental health, the home environment, and the lack of engagement with the department.’ ” The court sustained allegations in the petition regarding intimate partner violence and the August 2023 incident, but it found the department failed to prove the parents knowingly violated the restraining order. The court approved family reunification plans for both

4 parents and ordered the department to provide mother with supervised weekly visitation with discretion to move to unsupervised visits. Proceedings Included In Six-Month Status Review Mother appealed the disposition order, which was affirmed by this court in Ollie I, as we have noted.2 While the Ollie I appeal was pending, the juvenile court conducted a contested six-month status review in September 2024, which culminated in the order mother seeks to appeal here. April 2024 Interim Review On April 4, the court held a special interim review. Father had pled not guilty to felony hit and run and misdemeanor domestic violence, and he persisted in his refusal to engage with the department. Mother was unemployed and struggling to pay rent. The department reported that she only superficially engaged in services and did not understand the need to demonstrate Ollie could be safe in her care.

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Bluebook (online)
In re Ollie M. CA1/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ollie-m-ca13-calctapp-2025.