In re Justin F

Filed 2/21/06 In re Justin F. CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

At three weeks old, Justin F. was removed from the care of his mother, appellant Charline P. (Mother), and placed with a foster family. Justin tested positive for methamphetamine at the time of birth and received substandard care in the short time he was with Mother. During the first few months after reunification services were ordered, Mother did little to comply with the reunification plan devised by respondent Lake County Department of Social Services (County). She was subsequently ordered into a drug treatment program, however, pursuant to Proposition 36. By the time of the final review hearing, Mother had been drug-free for several months, was recently employed, and had found a place to live. Nonetheless, citing her prior poor performance, the juvenile court judge terminated reunification services and scheduled a selection and implementation hearing pursuant to Welfare and Institutions Code section 366.26.[1]

Rather than seek review of the juvenile court's decision, Mother later filed a petition for modification of the order pursuant to section 388. The petition was heard at the time of the selection and implementation hearing. By that time, Mother had remained drug-free for over nine months, maintained steady employment for six months, and leased a suitable home. While commending Mother on her progress, the juvenile court judge denied the section 388 petition, citing his reluctance to interfere with the emotional bond that Justin had developed with the foster family. Because this factor, standing alone, was an improper basis for denying the petition, we reverse the juvenile court's ruling and remand for rehearing of the section 388 petition.

I. BACKGROUND

The County filed a juvenile dependency petition with respect to Justin on June 8, 2004. The petition alleged that Mother's substance abuse, primarily of methamphetamine, rendered her unable adequately to supervise and care for Justin, who was three weeks old at the time. The petition alleged that Justin had tested positive for methamphetamine at birth, Mother routinely fed him merely by propping a bottle in his mouth, his weight gain was below expectations, his bedding was â€