S.W. v. Superior Court CA1/2

CourtCalifornia Court of Appeal
DecidedApril 17, 2026
DocketA175561
StatusUnpublished

This text of S.W. v. Superior Court CA1/2 (S.W. v. Superior Court CA1/2) 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
S.W. v. Superior Court CA1/2, (Cal. Ct. App. 2026).

Opinion

Filed 4/17/26 S.W. v. Superior Court CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

S.W., Petitioner, v. THE SUPERIOR COURT OF DEL NORTE COUNTY, A175561 Respondent; DEL NORTE COUNTY (Del Norte County Super. Ct. DEPARTMENT OF HEALTH AND Nos. JV256025, JV256026) SOCIAL SERVICES et al., Real Parties in Interest.

On May 21, 2025, 23-month-old A.N. and 12-month-old I.N., Jr., were removed from the custody of their parents S.W. (mother) and I.N. (father) after police responded to father’s overdose on fentanyl and found fentanyl and unknown pills in the home and within the reach of the children. Mother filed a writ petition for extraordinary relief to overturn the trial court’s order terminating reunification services and setting a Welfare and Institutions Code1 section 366.26 hearing to establish a permanent placement plan for the

1 Further undesignated statutory references are to the Welfare and

Institutions Code.

1 children. Mother contends there is not substantial evidence that the Department of Health and Human Services (DHHS) offered or provided reasonable reunification services to her, and thus, the trial court erred in terminating her reunification services and setting the matter for the section 366.26 hearing. She also requests an immediate stay of the hearing. We disagree with mother’s contentions and deny the petition and the request for stay. BACKGROUND2 On May 21, 2025, the Crescent City Police Department responded to a report that father was overdosing on fentanyl in the home with the children present. Officers contacted DHHS requesting an immediate response because “the home was unsafe for the children” and also reported there had been multiple calls to the residence for domestic violence. Responding social workers observed the apartment to be “extremely cluttered and unsanitary for young children.” In the living room, they found “boxes, bags and other miscellaneous items stacked against walls and throughout the room posing a fire hazard as well as a hazard to the physical health of the children” because the stacked items could fall on the children. The bedroom where I.N., Jr. was found was “so cluttered [that] the door could not be fully opened due to the items stacked behind the door.” The door to the room where A.N. was found had several holes punched into it. On a television stand inside the room within A.N.’s reach were “unidentified pills, cigarette butts, what appear[ed] to be a pipe for smoking substances, and what appear[ed] to be cartridges for pens used to smoke marijuana,” as well

2 Father did not timely file a writ petition in our court; we provide only

the facts necessary to resolve mother’s claims.

2 as a small bong. There were also two dogs in the room and “dog feces throughout the floor.” Fentanyl had been found on the bathroom counter and removed by law enforcement; additional fentanyl was still visible on the bathroom floor. Mother told the social workers that she was at Walmart when father overdosed and the children had been in the care of her grandmother. As a social worker explained to mother, the children were placed in protective custody with law enforcement because of the condition of the home, the “very dangerous substances that were in reach of the children as well as the extensive history of reports” DHHS received about her and father— specifically, relating to substance abuse and domestic violence. I. Detention and Jurisdiction On May 23, 2025, DHHS filed two substantively identical petitions against the parents alleging each child fell within the jurisdiction of the juvenile court under section 300, subdivision (b)(1) because they suffered or there was a substantial risk that they would suffer serious physical harm or illness as a result of the willful or negligent failure of the parents to supervise or protect the children adequately from the conduct of the custodian with whom they had been left and by the willful or negligent failure of the parents to provide regular care for the children due to the parents’ mental illness, developmental disability, or substance abuse. Specifically, the petitions alleged: mother has a substance abuse problem that impacts her ability to care for her children and has exposed the children to substances including marijuana, fentanyl, and unknown pills; mother has a history of substance abuse, noting her positive test for methamphetamine while pregnant with I.N., Jr.; mother has failed to protect the children from exposure to domestic violence, noting that mother is

3 “clearly a victim of domestic violence such as physical violence inflicted by the father” but continues to allow father to live in the home and denies violence; and mother has failed to protect her children from exposure to substance use by father when she left the children in the care of father and was not present when he overdosed on fentanyl. Mother is an enrolled member of the Yurok Tribe. Father reported no known Native American ancestry. According to the petition, the Indian Child Welfare Act (ICWA) manager for the Yurok Tribe represented to DHHS that the children were not eligible for enrollment. The court calendared a detention hearing for May 27, 2025. The detention report (and later the jurisdiction report) that DHHS filed in advance of the hearing stated that the parents had a combined total of 22 prior referrals to DHHS dating back to 2019 and including other children. In this instance, the report recommended the children remain out of the care of their parents. At the May 27 detention hearing, counsel were appointed for the children and for mother and father, who were both present.3 The parents generally denied the allegations in the petitions but did not object to the children’s detention. The court advised all present that because the children were under the age of three, the parents would be permitted six months of reunification services, cautioning, “it is very important” to participate in those services, because “if you’re not close to being successful . . .

3 Father appeared via Zoom because he was in custody at the time of

the hearing. Father was on probation for a misdemeanor domestic violence conviction (mother was the victim) and was “out of compliance with probation and has been absconding since February 2025 resulting in a warrant being issued for his arrest.” Father’s counsel represented he was expected to remain in custody for the next five months.

4 reunification services may be terminated and your children then will be set for adoption . . . , which means you could lose your parental rights.” The court ordered the children’s continued detention with supervised visitation for the parents, whom the court directed to partake in alcohol and drug testing, substance abuse treatment, and parenting education pending further proceedings. The court scheduled the jurisdictional hearing for June 13, 2025.4 In the June 12, 2025 jurisdiction report prepared in advance of hearing, DHHS summarized the parents’ prior child welfare reports and criminal histories. According to the report, mother was working with a representative from the Yurok wellness court and planned to enter an inpatient rehabilitation treatment, possibly with Friendship House.

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S.W. v. Superior Court CA1/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sw-v-superior-court-ca12-calctapp-2026.