In re W.L. CA6

California Court of Appeal·Decided July 30, 2026·No. H053832·Unpublished

Opinion

Filed 7/30/26 In re W.L. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re W.L., a Person Coming Under the H053832 Juvenile Court Law. (Santa Clara County Super. Ct. No. 24JD028283)

SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN’S SERVICES,

Respondent,

v.

K.L.,

Appellant.

This is the second appeal by K.L. (Mother) arising from juvenile dependency proceedings involving her daughter, W.L., a five-year-old with special needs. In the first appeal, Mother challenged the juvenile court’s disposition removing W.L. from her care. We affirmed. (In re W.L. (Dec. 15, 2025, H053170) [nonpub. opn.].) Mother now appeals the orders entered at the six-month review hearing. She argues that the juvenile court erred in finding a substantial risk of detriment if W.L. were returned to her care with family maintenance services; in addition, she argues that the Santa Clara County Department of Family and Children’s Services (Department) failed to provide reasonable reunification services by refusing to “step down” supervised visitation to unsupervised visitation. We are not persuaded by these arguments and will affirm. I. BACKGROUND A. Prior Appeal For context, we briefly summarize the relevant facts and history from the proceedings addressed in our prior opinion.1 This matter came to the Department’s attention in November 2024, when law enforcement placed Mother on an involuntary psychiatric hold under Welfare and Institutions Code section 5150 and took W.L., then three years old, into protective custody.2 Officers had responded to multiple reports that Mother was behaving erratically at a retail store late at night and appeared to be either under the influence or experiencing a mental health crisis. Several witnesses reported that Mother had caused W.L. to fall out of her stroller twice, shoved W.L. into the car, and drove off at high speeds, swerving off the road and passing through stop signs with W.L. unsecured in the car. Officers observed that Mother appeared “[s]uper manic,” disheveled, and had difficulty speaking in coherent sentences; W.L. displayed visible signs of neglect, including malnourishment. Mother later admitted to using methamphetamine that day, after driving for almost a week with W.L. from Oklahoma to California. An initial evaluation of W.L. diagnosed her with “failure to thrive” and found that she was physically underdeveloped for her age, had “dental disease associated with drinking bottles of milk well beyond the first year of life,” and exhibited “pervasive developmental delay, including cognitive, speech, and motor delays.” The evaluation concluded that W.L. “has experienced profound neglect, including supervisory and medical neglect, beyond standards in our community.”

1 W.L.’s father is not a party to this appeal, and the findings pertaining to him are not at issue. Accordingly, we recite only the information relevant to the juvenile court’s findings and orders for Mother. 2 All undesignated statutory references herein are to the Welfare and Institutions Code.

2 In December 2024, the Department filed a petition under section 300, subdivision (b), alleging that W.L. had suffered, or was at substantial risk of suffering, serious physical harm or illness because of Mother’s inability to provide care as a result of mental illness or substance abuse. Mother initially delayed the dependency proceedings by objecting to her court-appointed attorney, initiating a paternity action in Oklahoma, and seeking to have the dependency matter heard there. Mother was also uncooperative with the Department, did not participate in her case plan, failed to provide medical releases for W.L., minimized W.L.’s conditions, and discussed the dependency proceedings with W.L. during her supervised visits despite repeated warnings from visitation supervisors to refrain from doing so. After resolving the question of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, the juvenile court held a contested jurisdiction and disposition hearing in March 2025, where Mother continued to deny responsibility and downplay the severity of W.L.’s condition. The court noted numerous concerns regarding W.L.’s physical and developmental delays, and it found that Mother lacked sufficient understanding of, and accountability for, those issues. The court ultimately found sufficient evidence to support the allegations in the petition, declared W.L. a dependent, removed her from Mother’s care, ordered reunification services, and ordered supervised visitation, with the Department having the discretion to increase the frequency and duration of visits. Mother appealed, arguing that the removal order was not supported by the evidence and violated her constitutional rights. This court found these arguments to be unavailing, holding that the record contained substantial evidence of W.L.’s “profound neglect” while in Mother’s care, Mother’s repeated noncompliance, and her continued failure to acknowledge the risk she posed to W.L. This court affirmed the juvenile court’s orders.

3 B. The Six-Month Review and Contested Hearing In September 2025, while Mother’s prior appeal was still pending, the juvenile court held a six-month review hearing under section 366.21, subdivision (e). Mother opposed the Department’s recommendation to continue family reunification services and not return W.L. to her care with family maintenance services, and so the matter was set for a contested hearing the following month. At the contested hearing, the court received the Department’s reports and heard testimony from Mother, her therapist, and the social worker. Minor’s counsel agreed with the Department’s recommendations and expressed the concern that “[W.L.] requires a high level of care[,] and [Mother] still has a lot of work to do … to gain permanent stabilization.” By contrast, Mother argued that the Department had not met its burden of showing detriment to W.L. if she were returned to Mother’s care, and also the Department had failed to provide reasonable reunification services by limiting Mother to supervised visits. Alternatively, Mother requested that the court exercise its discretion to order unsupervised visitation. By the time of the hearing, W.L. had been diagnosed with autism spectrum disorder and required additional services, including behavioral therapy, physical therapy, and an assessment for therapeutic counseling. Since her removal, it was also reported that W.L. had made significant progress: she had gained weight, was eating well, was potty-trained, and had enrolled in a child care center that could support her developmental and academic needs. Mother acknowledged that W.L. had been malnourished and had had a speech delay while in her care, and that she (Mother) should have sought and prioritized medical care for W.L. The social worker reported that although W.L. appeared “a bit dysregulated” after her visits with Mother, the supervised visits were going well in the structured environment provided by the Department. The Department had also moved Mother’s visits from a closely observed area to a less restrictive location, allowing Mother “more free range with [W.L.].”

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