S.M. v. Superior Court
Petitioner S.M. (mother) is the mother of four girls and one boy, ranging in ages from one to seven years. Mothers four oldest children were detained after one of them suffered a fractured skull and other head injuries, and mother failed to provide a viable explanation for the injuries. The Los Angeles County Department of Children and Family Services (Department) also learned that the father of two of the children (father) had physically and emotionally abused mother over an extended period of time, and that he had held the children and other relatives at gunpoint on more than one occasion. Over the next 18 months, mother received family reunification services, during which time she repeatedly maintained that she had broken off her relationship with father and would never reunite with him. This turned out to be untrue. When confronted with the facts, mother professed her love for father and declared she would never leave him.
Mother filed a writ petition challenging the courts decision. (Cal. Rules of Court, rule 8.452.) She claims (1) substantial evidence does not support the juvenile courts finding that returning the children to her custody would place them at risk, and (2) the juvenile court abused its discretion in not ordering additional services with respect to the youngest of her five children because there was no substantial evidence she had only partially complied with her treatment plan. Court conclude mothers contentions lack merit. Accordingly, Court deny the petition.
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