N.M. v. Superior Court of Contra Costa County

5 Cal. App. 5th 796, 210 Cal. Rptr. 3d 176, 2016 Cal. App. LEXIS 995
CourtCalifornia Court of Appeal
DecidedNovember 17, 2016
DocketNo. A149327
StatusPublished
Cited by8 cases

This text of 5 Cal. App. 5th 796 (N.M. v. Superior Court of Contra Costa County) 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
N.M. v. Superior Court of Contra Costa County, 5 Cal. App. 5th 796, 210 Cal. Rptr. 3d 176, 2016 Cal. App. LEXIS 995 (Cal. Ct. App. 2016).

Opinion

[798]*798Opinion

RIVERA, J.

N.M. (Mother) petitions for extraordinary relief under California Rules of Court, rule 8.452,1 asking us to set aside the juvenile court’s order scheduling a hearing pursuant to Welfare and Institutions Code section 366.26.2 She contends the court lacked discretion to set the hearing because she was not provided reasonable reunification services. We deny the petition on the merits.

I. BACKGROUND

A. The Petition and Detention

The Contra Costa County Children and Family Services Bureau (the Bureau) filed petitions on November 7, 2014, alleging that P.W., then 12 years old, and his sister, M.W., then 11 years old (collectively, the children), came within the jurisdiction of the juvenile court.3 (§ 300.) According to the petitions, Mother caused RW. serious physical harm, biting and scratching him during an altercation on October 31, 2014, and Mother’s untreated mental condition impaired her ability to adequately parent and protect both children, placing them at risk of physical harm or illness.

The detention/jurisdiction report advised that the October 31 altercation began when Mother became upset and began yelling at RW. for not going to school that day, threatening to send him to military school. Mother slapped RW., who pushed her in response, and eventually the two were wrestling on the ground. At some point, Mother scratched RW. on both wrists and under his chin, breaking the skin. RW. reportedly told his paternal grandmother that Mother also punched him in the mouth. The altercation ended with Mother putting her knees on RW.’s stomach, pinning him to the floor, and then bending forward to bite him on the right cheek, leaving a quarter-sized bruise.

RW. told the social worker this was the worst incident between him and Mother, although Mother did sit on him once before while they were arguing, pinning him to the ground. M.W. told the social worker she was present on that earlier occasion and thought it was dangerous because RW. has asthma and it seemed he could not breathe. Both children said Mother often yelled at them, and would not leave her bedroom for days on end, forcing them to care for themselves, with RW. often doing the cooking. The children also said [799]*799Mother had an expired “cannabis card,” often smoked marijuana and took Norco to “relax.” Neither felt safe in the home. P.W. said he had heard Mother say “she would kill her cousin in her sleep.” M.W. said Mother was “kind of mean, all the time.”4

According to the detention report, family members and close friends had been concerned for the children’s well-being, and their older half sister had moved in with Mother and the children for that reason. The older half sister told the social worker, “I won’t let [Mother] touch them when I’m there, she knows not to.”5 The children’s paternal grandmother said family members had asked Mother to seek treatment, suspecting she might be bipolar.

Mother’s former foster mother visited Mother on November 4, 2014, and reported concerns about her mental health, explaining that Mother had threatened to harm herself if the children were removed. When interviewed by the social worker the next day, Mother was crying, could not make eye contact, and agreed she was depressed. She admitted to biting P.W. but claimed she did so in self-defense, saying he was “out of control” and yelled at her “all the time.” After the interview, Mother was placed on a 72-hour psychiatric hold under section 5150. The children were detained and placed in separate foster homes.

B. Jurisdiction and Disposition

At the jurisdictional hearing on January 26, 2015, the court dismissed the substance abuse allegation after Mother agreed to submit to drug testing and to participate in a substance abuse treatment program if she missed a test or tested positive. The court sustained the petition’s remaining allegations, finding P.W. and M.W. to be dependent children of the court, and granted Mother supervised visitation of at least one hour weekly, instructing the Bureau to consider the children’s wishes and their therapists’ input in deciding the frequency, time, place, and length of those visits.

The following month, the Bureau prepared a disposition report. The report advised that Mother had several previous dependency cases dating back to 1994. Her parental rights to two other children had been terminated, and those children were adopted. Between 2004 and 2006, there was also a dependency case involving P.W. and M.W., with allegations of general neglect, physical abuse, and substantial risk, which concluded in reunification.

[800]*800According to the disposition report, Mother said her own mother was schizophrenic, and that Mother also had anxiety and had struggled with depression throughout her life. In a follow-up report dated April 23, 2015, the Bureau advised that Mother had been prescribed medication used to treat depression, anxiety, and panic disorders, and that the social worker had left a message for the prescribing physician, Dr. Khan. Mother had begun seeing a new psychiatrist in the meantime, the report continued, and had been assigned a new therapist. She also had her first supervised visit with M.W. in April. Although Mother had not begun visitation with P.W., and P.W. had stated he did not want to visit with her, the social worker reported that she hoped to receive input from P.W.’s therapist on the topic soon.

At the disposition hearing on June 11, 2015, the juvenile court adjudged the children to be dependents of the court, finding that their welfare required they be removed from Mother’s physical custody, and ordered that Mother be provided at least one hour of supervised visitation twice per month as well as reunification services. The court adopted the reunification plan that the Bureau had recommended, which, among other things, required Mother to complete a psychological evaluation; complete a domestic violence assessment and counseling; complete anger management and parenting classes; meet weekly with an individual therapist; and submit to weekly substance abuse testing and enter a substance abuse treatment program if she tested positive for a controlled substance or missed a test.

C. Six-month Review Hearing

A six-month review hearing was held on November 4, 2015. The Bureau filed a supplemental report for this hearing, advising that Mother had been participating for almost four months in an outpatient substance abuse treatment program, had completed random substance abuse testing with only one missed test and all negative results, had completed one parenting program, was nearing completion of a second parenting program, and had been attending weekly individual therapy sessions focused on regulating her emotional control, parenting, and domestic violence support. Mother had advised the social worker she was seeing a new psychiatrist, but had not yet obtained a psychological evaluation, and still needed to complete a domestic violence program, and the Bureau recommended giving her six more months to do both.

The children, by then, were living together in the same foster home, and attending school, the Bureau reported. They also had been attending weekly therapy sessions since April.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

S.V. v. Superior Court CA5
California Court of Appeal, 2025
Michael G. v. Super. Ct.
California Supreme Court, 2023
Michael G. v. Super. Ct.
California Court of Appeal, 2021
N.L. v. Superior Court CA4/2
California Court of Appeal, 2021
E.M. v. Superior Court CA6
California Court of Appeal, 2020
In re Jacob E. CA5
California Court of Appeal, 2020
T.J. v. Superior Court
California Court of Appeal, 2018
T. J. v. Superior Court of City & Cnty. of S.F.
230 Cal. Rptr. 3d 928 (California Court of Appeals, 5th District, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
5 Cal. App. 5th 796, 210 Cal. Rptr. 3d 176, 2016 Cal. App. LEXIS 995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nm-v-superior-court-of-contra-costa-county-calctapp-2016.