Monica R. v. Sup. Ct.

Filed 8/24/06 Monica R. v. Sup. Ct. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO

ORIGINAL PROCEEDING; petition for writ of mandate. Albert J. Garcia, Commissioner. Petition denied.

David Villa for Petitioner.

No appearance for Respondent.

Larry Corey, Assistant County Counsel, Frank J. DaVanzo, Principal Deputy County Counsel, Raymond G. Fortner, Jr., County Counsel, for Real Party in Interest.

* * * * *

Monica R. (mother) filed a petition for extraordinary relief, pursuant to a California Rules of Court, rule 38.1, contending that the juvenile court's order denying her reunification services and setting a Welfare and Institutions Code section 366.26^[1] permanency planning hearing for her daughter, Naomi V., is not supported by substantial evidence. We disagree and deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

On May 12, 2006, the Los Angeles County Department of Children and Family Services (DCFS) took 8-month-old Naomi (born Aug. 2005) into protective custody and filed a dependency petition on her behalf, alleging that mother had a four-year drug abuse history, had a positive amphetamine test on May 3, 2006, and continued to abuse drugs despite her participation in drug rehabilitation programs. The petition also alleged that Naomi's sisters, Erica (born May 2002) and Jessica (born June 2004) were current dependents due to the parents' drug and alcohol abuse.^[2]

Mother had contacted DCFS in July 2005 to report that she was eight months pregnant and living in Victory Outreach, a sober living facility, where she had lived and received prenatal care throughout her pregnancy with Naomi. In mid-September 2005, shortly after Naomi's birth, mother agreed to participate in a voluntary family maintenance plan that included a drug rehabilitation program and random drug testing. She then began a drug treatment program at Tarzana Treatment Centers in late October 2005, and was terminated in mid-January due to her lack of participation. According to mother, she dropped out of treatment because Naomi was sick, and when she attempted to resume treatment, she suffered an injury to her ankle which interfered with her participation. Mother's drug counselor at Tarzana described mother as immature for her age and not grasping the seriousness of her situation.

Mother began another outpatient drug program, known as Now and Forever Foundation, (Now and Forever) in February 2006. There she participated irregularly in treatment for two and a half months, missing 7 of 10 counseling sessions. At one point she was warned that if her negative attitude continued she would be terminated from the program.

Mother provided 12 negative random drug tests between February and May 2006. There were missed tests on March 3 and 20, 2006, when Naomi was reportedly ill. However, mother failed to attend any of the drug program's required meetings. On

May 9, 2006, Now and Forever notified DCFS that mother had tested positive for drugs. DCFS then took Naomi into protective custody, and mother agreed to enroll in an inpatient drug treatment program known as the Oasis Drug Treatment Center (Oasis). The program director of Now and Forever arranged for mother to be interviewed by Oasis by telephone and took her to the Oasis facility.

Later that same day, mother left Oasis, reportedly explaining to her counselor that she did not want to be at the program and had to find someone to take care of Naomi. Mother returned and left again, staying less than a week, saying she wanted to go to another program. Mother reportedly was â€