Diane M. v. Superior Court

Filed 6/26/06 Diane M. v. Superior Court CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

ORIGINAL PROCEEDING; petition for extraordinary writ. Lori Schroeder, Juvenile Court Referee. Petition denied.

Claire Boudov for Petitioner.

No appearance for Respondent.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Pamela S. Landeros, Deputy County Counsel, for Real Party in Interest.

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By way of a petition for extraordinary writ, Diane M.(Mother), the mother of Richard K., born in May 2001, challenges a March 6, 2006 order terminating her reunification services and setting a permanent plan hearing for July 5, 2006. We deny the petition because sufficient evidence supports the juvenile court's finding that Richard would be at substantial risk of detriment if returned to Mother's custody.

BACKGROUND

In March 2004, Richard was detained from Mother and his presumed father, Richard K., Jr. (Father), along with Richard's three older half siblings (Azalea M., born in September 1992; Anthony S., born in August 1993; Matthew S., born in July 1995).^[1] Richard's siblings were placed with the maternal step grandmother (grandmother). Although Richard was originally placed with Father, in June 2004 he was placed with the grandmother. In March 2006, Anthony and Matthew were returned home to Mother under supervision by the Department of Children and Family Services (DCFS). Azalea and Richard remain placed with the grandmother. In this proceeding, Mother challenges only that part of the March 2006 order denying the return of Richard to her custody.

After a jurisdictional hearing on April 26, 2004, all four children were determined to be dependents of the juvenile court pursuant to section 300, subdivisions (a) (serious physical harm) and (b) (failure to protect), based on findings that Mother placed the children at risk of harm by inappropriately physically disciplining the children; that Mother and Father engaged in physical confrontations in front of the children where Mother was the aggressor; that Mother has mental issues, including diagnoses of bipolar and schizoaffective disorders, which resulted in periodic hospitalizations and which have exposed the children to Mother's acts of self-mutilation with razors; and that Mother has a history of alcohol abuse and her alcohol abuse periodically interferes with her ability to provide regular care for the children.

As reported in the Jurisdiction/Disposition Report, Mother told DCFS that she began to cut herself when she was 11 years old and was placed in a psychiatric hospital for six months. She was diagnosed with bipolar disorder and schizoaffective disorder. Mother would become overwhelmed and depressed and then would cut herself to feel better. On one occasion when Azalea was seven or eight years old, Mother cut herself too deeply and screamed for Azalea to call 911 for help because Mother was scared that she would bleed to death. Mother also told DCFS that she tried to explain her disease to her children and got pamphlets for them to read about depression and bipolar and schizoaffective disorders. Mother denied that her children had ever seen her cut herself. Notwithstanding her mental issues, Mother had been able to work. But in early March 2004, Mother was not feeling well, was placed on disability, and she and her doctor were trying to regulate her medication.

On March 17, 2004, Mother had drunk three beers by the time Father came home from work late. Mother was â€