In re R.M. CA2/5

CourtCalifornia Court of Appeal
DecidedJuly 2, 2026
DocketB345917
StatusUnpublished

This text of In re R.M. CA2/5 (In re R.M. CA2/5) 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 R.M. CA2/5, (Cal. Ct. App. 2026).

Opinion

Filed 7/2/26 In re R.M. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re R.M., et al., Persons Coming B345917 Under the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DEPARTMENT OF CHILDREN 24CCJP00844A-C) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

C.H.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Tara Newman, Judge. Affirmed. Caree Harper, in pro. per., for Defendant and Appellant. Dawyn Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Aileen Wong, Principal Deputy County Counsel, for Plaintiff and Respondent. Former foster parent C.H. appeals from the juvenile court’s denial of her petition for a change of the court’s order that had removed Roy. M. (Roy), Ri. M. (Ri), and Rob. M. (Rob) (collectively, Minors) from her care.1 We are primarily asked to decide whether the juvenile court reversibly erred by declining to admit most of C.H.’s documentary evidence, excluding most of her proposed witnesses, and denying continuances of the hearing.

I. BACKGROUND A. Dependency Jurisdiction Twice in January 2024, father R.M. (Father) repeatedly hit mother M.M. (Mother), who was pregnant, while in the presence of Roy and Ri. Also in January 2024, Father drove Roy and Ri in

1 Because C.H. is not a party in the underlying dependency case, her access to the juvenile court case file is limited by the California Rules of Court. The juvenile court granted C.H. access to certain redacted portions of the clerk’s transcript and the reporter’s transcript from the hearings on February 13, 2025, and March 4, 2025. C.H. later sent a letter to the juvenile court asserting that portions of the record were missing. The juvenile court declined to allow her access to any other documents. C.H. subsequently moved to augment the record on appeal. This court granted her motion as to certain documents filed in the juvenile court, denied it as to other documents, and deferred the decision on additional exhibits to this panel. We grant the motion as to Proposed Augmented Exhibit 15 and pages one through five of Proposed Augmented Exhibit 16 to C.H.’s October 28, 2025, “supplement” to her motion to augment the record (i.e., C.H.’s post-judgment request for special transcript and C.H.’s proposed exhibit list filed in the juvenile court), but deny the request as to Proposed Augmented Exhibit 17 because it is irrelevant to the disposition of this appeal.

2 a car without properly securing them in safety seats; Mother was also in the car. Minors were removed from Father and Mother in July 2024. The juvenile court ultimately sustained a five-count dependency petition based on these events.

B. Minors are Placed with C.H. and Later Removed from Her Care Minors were placed with C.H. after being removed from their parents. In September and November 2024, however, the Los Angeles County Department of Children and Family Services (the Department) learned of allegations that Minors were being abused and neglected by C.H. After investigation, the allegations were partially substantiated. On November 8, 2024, C.H. was given a 14-day notice that Minors would be removed from her care and taken to a new placement because C.H. was struggling with managing all three Minors, especially Ri. According to Department social worker Aura Walker (Walker), C.H. agreed to the notice but she did not sign it. The Department initially agreed to allow C.H. to maintain custody of the children through the Thanksgiving holiday. The Department changed course on November 19, 2024, however, after C.H.’s babysitter told the Department that C.H. would scream insults and obscenities at Ri close to his face, would often yell at Minors (including in public), and was especially mean and rude to Ri. A Department social worker interviewed Ri and Roy the same day at school. Both disclosed C.H. yelled at them. Ri also reported C.H. would carry him to his room in a way that hurt his body. A teacher at the school reported that Ri and Roy would often say they were not fed

3 enough, that C.H. would scream at Ri in front of others, and that C.H. would sometimes drive to Ri and Roy’s school without car seats and yell at them to get out without getting out of the car herself. When Department social workers attempted to speak to C.H. the same day, she refused to let them into her home and put her attorney on the phone. The following day, the juvenile court issued an order authorizing the Department to immediately move all three Minors to a new placement, which the Department did.

C. C.H. Files Petitions to Change the Court’s Orders Later in November 2024, C.H. filed a Welfare and Institutions Code section 388 changed circumstances petition requesting the court change its earlier order removing Minors from her care.2 C.H. argued circumstances had changed because: Mother told C.H. she wanted Minors placed with C.H.; C.H.’s father, a special education teacher, was moving in with her to provide individualized support to Ri; a wraparound therapist stated she was pressured by a social worker to accuse C.H. of being uncooperative; and Roy asked C.H. to fight for him. C.H. principally asked the court to order Minors to be immediately replaced in her home and to “investigate” the conduct of social worker Berta Cardenas (Cardenas). The following month, C.H. submitted another section 388 petition accompanied by her own declaration. That declaration identified several developments that C.H. believed warranted returning Minors to her care, some of which were cited in her

2 Undesignated statutory references that follow are to the Welfare and Institutions Code.

4 earlier petition. C.H.’s declaration also addressed her earlier refusal to meet with the social worker on the day of the social worker’s school visit and asserted she had been in the emergency room earlier that day and was sick. C.H. also submitted a declaration signed by Mother requesting Minors be placed in C.H.’s care.

D. The Department’s Pre-Hearing Filings In January 2025, the Department filed an interim review report and response to C.H.’s requests for section 388 relief. The Department’s submission detailed ongoing concerns with C.H. as a caregiver and her inability to provide for Minors’ emotional needs. According to the Department, C.H. was not empathetic toward Ri’s emotional needs and early in the placement stated she would not transport Ri to any more appointments due to his behavior.3 C.H. suggested separating Ri from his siblings until his behavior improved. C.H. was also verbally aggressive with social workers and service providers and failed to promptly respond to urgent calls and emails from the Regional Center regarding services for one of the children. C.H. labeled Ri a “‘predator’” or a “‘problem’” and resisted the Department’s attempts to coach her to reframe her thinking and realize Ri was traumatized from prior experiences. According to the Department’s reporting, Ri’s behaviors improved approximately three weeks after Minors were placed in

3 The Department’s report asserted C.H. at one point expected Ri to Uber alone or with a social worker to sexual abuse therapy, an hour away.

5 a new home. Within a month of being placed with new caregivers, Roy and Ri started saying they feel safe, they love their current caregivers, and they want to be adopted by them.

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Cite This Page — Counsel Stack

Bluebook (online)
In re R.M. CA2/5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rm-ca25-calctapp-2026.