Anna W. v. Sup. Ct.
Filed 6/30/06 Anna W. v. Sup. Ct. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| ANNA W., Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Real Party in Interest. | E040339 (Super. Ct. No. JUV093795) OPINION |
ORIGINAL PROCEEDINGS in mandate. William A. Anderson, Jr., Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Petition denied.
Joni Sinclair for Petitioner.
No appearance for Respondent.
Joe S. Rank, County Counsel, and Carole A. Nunes Fong, Deputy County Counsel, for Real Party in Interest.
Petitioner, the mother of Emilia and Nicholas, challenges the juvenile court's order denying her reunification services and setting a hearing pursuant to Welfare and Institutions Code[1] section 366.26. She contends that the juvenile court erred in denying her reunification services under section 361.5, subdivisions (b)(10) and (b)(11) when it found she had not made a reasonable effort to treat the problems that led to the prior removal of the minors' siblings. We deny mother's writ petition.
FACTS
Mother has an extensive history with child protective services dating back to 1998 when four of her children were made dependents based upon substantiated allegations of caretaker absence and general neglect. It was reported at this time that mother had been taken into custody and transported to the Riverside County Emergency Treatment Services pursuant to section 5150.[2] As a result, she was unable to care for her children due to her bizarre behavior, including irrational and incoherent speech, possibly due to
drug-induced paranoia and psychosis. Mother admits that she had a mental breakdown and has been diagnosed as bipolar.
From September 9, 1998, until October 20, 1999, mother was provided with reunification services. Services were terminated and the court implemented a permanent plan of planned permanent living arrangements for the four children.
Subsequently, mother gave birth to Emilia in January 2001. Although mother and child tested negative for drugs at the time of the child's birth, there was concern for the newborn child because mother had tested positive for marijuana in December 2000. Emilia was removed, and mother participated in court-ordered family reunification and family maintenance services. Mother successfully reunified with Emilia and the case was closed in October 2002.
Nicholas was born in April 2004.
On September 2, 2005, the Riverside County Department of Public Social Services (department) received a report of physical abuse and general neglect regarding Emilia. Emilia had a cigarette burn on her stomach and under her chin. Mother stated that Emilia had received the burn on her stomach when the child ran into the bathroom and into the cigarette she was holding. Dr. Murray, a child abuse and neglect physician for Riverside County, opined that the burns were likely not the result of the child running into the cigarette, but appeared to be the result of a non-accidental injury.
During the initial home investigation, mother also admitted to the social worker that she smoked marijuana occasionally. Just when she stated that the last time she smoked marijuana was about two weeks before, Corporal Pulatie came into the living room with items discovered during an inspection of the house: a marijuana pipe, and a baggie and a pill bottle both containing marijuana.
The social worker placed both Emilia and Nicholas into protective custody because of her concern about mother's current substance abuse, an overall concern regarding her mental health status, and her history with the department.
The juvenile court found a prima facie case for detention out of the home on September 8, 2005, and found true the jurisdictional allegations on January 26, 2006. On the latter date, the court continued the dispositional hearing and requested a psychological evaluation of mother.
The psychologist noted that mother had a history of mental health treatment spanning her entire adult life, including one or two hospitalizations. She has been diagnosed with bipolar disorder and is prescribed Prozac, lithium, as well as other drugs. She told the psychologist that both of her parents were â€
