W.P. v. Superior Court of San Bernardino Cnty.

229 Cal. Rptr. 3d 618, 20 Cal. App. 5th 1196
CourtCalifornia Court of Appeal, 5th District
DecidedFebruary 6, 2018
DocketE069569
StatusPublished

This text of 229 Cal. Rptr. 3d 618 (W.P. v. Superior Court of San Bernardino Cnty.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W.P. v. Superior Court of San Bernardino Cnty., 229 Cal. Rptr. 3d 618, 20 Cal. App. 5th 1196 (Cal. Ct. App. 2018).

Opinion

McKINSTER Acting P. J.

*1197The juvenile court terminated petitioner, W.P.'s (Mother), reunification services as to G.N. (born in September 2016), R.Y. (born in *1198January 2009), M.M.M.1 (born in March 2005), and M.M.M.2 (born in May 2003) (collectively Minors) and set the Welfare and Institutions Code section 366.26 hearing.1 In her petition, Mother contends the juvenile court erred as a matter of law in declining to grant her another six months of reunification services as to the elder three Minors. The petition is granted.

I. FACTUAL AND PROCEDURAL HISTORY

On December 27, 2016, personnel from real party in interest, San Bernardino County Children and Family Services (CFS), received a referral alleging emotional abuse and general neglect of Minors by Mother and physical abuse by R.N. (Father 1). The allegations alleged substance abuse by Mother and domestic violence in the presence of Minors; Father 12 reportedly threw a beer can at Mother and hit G.N.

On January 3, 2017, CFS personnel received a second referral alleging Mother was transient, on drugs, and had left Minors with a friend, J.C. Minors disclosed *620witnessing the parents engage in domestic violence while in their care. They also described substance use by both the parents and drug paraphernalia in the home. They described being hit by both the parents. They disclosed that Father 1 hit Mother's head causing her to have a bloody ear and, on one occasion, threw a cup at Mother's head. Father 1 would pull Mother's hair and hit her with his hands. Minors said they did not feel safe with the parents. On January 25, 2017, M.M.M.2 reported she had not seen Mother in four months; she said Mother left Minors because Mother wanted to be with her boyfriend.

Mother had a previous history with CFS, including three previous neglect investigations, three prior abuse investigations, and a separate general neglect investigation with respect to M.M.M.1, which prompted voluntary family maintenance services. When the social worker met with Mother, Mother refused to provide an address for the social worker to assess provisions for G.N. Mother admitted mutual domestic violence with Father 1: "I would get the best hits." However, she denied Minors were present during these incidents; she said the children were lying when they said otherwise; Mother reported that the parents would tell Minors to go to their room when the parents fought. The social worker told Mother to drug test the day after their initial interview; Mother failed to show for the test.

Father 1 had an extensive history with CFS; reunification services as to six of Father 1's other children had previously been terminated; Father 1's *1199parental rights had been terminated as to one of his other children. Father 1 also had an extensive criminal history. At the time of the initial investigation, the social worker could not locate Father 1.

The social worker filed separate juvenile dependency petitions as to each Minor. With respect to G.N., the petition alleged Mother had a substance abuse problem (b.1); Father 1 had a violent criminal history (b.2); Father 1 had a history of domestic violence (b.3); Mother exposed Minors to domestic violence (b.4); and six of Father 1's previous children had been removed from his custody, with all of whom he had failed to reunify and as to one of whom he had had his parental rights terminated (j.5-j.8). The petitions with respect to the other Minors alleged Mother had a substance abuse problem (b.1); Mother failed to protect Minors from exposure to domestic violence (b.2); Father 2 was incarcerated (g.3); and Mother had left Minors with J.C. with no provision for support (g.4). On February 23, 2017, the juvenile court detained Minors.

In the jurisdictional and dispositional report filed on March 13, 2017, the social worker noted G.N. had been placed in foster care; the other Minors were left in the care of J.C. The older Minors reported feeling safe with J.C.; M.M.M.1 reported having lived with J.C. for seven months; J.C. reported she had Minors since September 2016. Father 1, who had apparently been located, denied any instances of domestic violence. Mother visited with Minors separately. Mother provided a negative drug test on February 27, 2017.

The social worker recommended that the juvenile court find the allegations in the petitions true, remove Minors from the parents' custody, deny reunification services to both Father 1 and Father 2, and order reunification services for Mother. The recommended case plan for Mother included parenting classes, domestic violence classes, counseling, and drug treatment.

In an additional information for the court filed on April 18, 2017, the social worker reported Mother had informed her that Father 1 had been arrested for domestic *621violence against Mother on April 5, 2017. The social worker confirmed the arrest. Mother continued to have supervised visits with Minors at CFS offices.

At the jurisdictional and dispositional hearing on April 18, 2017, the juvenile court found all the allegations in the petitions true, sustained the petitions, and declared Minors dependents. The court removed Minors from the parents' custody. The court denied reunification services to Father 1 under section 361.5, subdivision (b)(10) (reunification services terminated as to previous children) and (b)(11) (parental rights terminated as to a previous child).

*1200The court denied Father 2 reunification services pursuant to section 361.5, subdivision (e)(1) (parent incarcerated). The court ordered reunification services for Mother.

In the status review report filed on October 17, 2017, the social worker recommended that the court terminate Mother's reunification services and set the section 366.26 hearing. The social worker referred Mother to individual counseling, parenting education, domestic violence, substance abuse services, and random drug testing on March 27, 2017. Mother enrolled in parenting classes on March 30, 2017; domestic violence classes on April 3, 2017; and individual counseling on April 4, 2017. Mother attended five parenting classes, six domestic violence classes, and individual counseling. Her last attendance in services occurred on June 22, 2017. Her service provider attempted to re-engage Mother on July 24, 2017; however, Mother indicated she would no longer be attending services at their agency; she said she would be taking classes at another agency.

Mother enrolled in substance abuse services on June 20, 2017, but appeared to be struggling to stay clean; she was referred to an intense outpatient program on July 5, 2017, in which she enrolled on July 20, 2017. She attended those services between July and September, and then stopped attending. During her attendance, she tested positive for methamphetamine four times, failed to show for two tests, and tested negative once. Mother failed to show for 12 random drugs tests requested by the social worker and tested negative once.

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Related

People v. Arroyo
364 P.3d 168 (California Supreme Court, 2016)

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Bluebook (online)
229 Cal. Rptr. 3d 618, 20 Cal. App. 5th 1196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wp-v-superior-court-of-san-bernardino-cnty-calctapp5d-2018.