In re Trinity E.

Filed 8/14/06 In re Trinity E. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

ORIGINAL PROCEEDINGS, petition for extraordinary writ. Albert J. Garcia, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Writ denied.

David Villa for Petitioner.

No appearance for Respondent.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and O. Raquel Ramirez, Deputy County Counsel, for Real Party in Interest.

INTRODUCTION

This writ proceeding arises out of a dependency court proceeding. In May 2006, the juvenile court declared six-week old Trinity E. to be a dependent of the court, removed her from her mother's custody and denied the mother reunification services. The trial court's three orders were based upon uncontradicted evidence contained in reports submitted by the Department of Children and Family Services (Department). The reports established that in a prior dependency proceeding Trinity E.'s mother, petitioner K.H. (Mother), failed to reunify with her three older children and failed to comply with any of the court's orders to address problems of anger management, substance abuse, and lack of parenting skills. Mother's petition contends that none of the court's orders relating to Trinity E. is supported by the evidence. We disagree and therefore deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

1. Mother's Other Children and the Prior Dependency Petition

In addition to Trinity E., Mother has three children: Johnny A. (born August 1991), D.R. (born March 1997) and Luis R. (born March 1999).

In September 2004, all three children were taken into protective custody because Mother had physically abused D.R. She had struck her on the face with a belt, causing a black eye and swelling. In addition, the children reported prior instances of physical abuse by Mother.

Department filed a petition alleging, inter alia, that Mother had a history of substance abuse which periodically rendered her incapable of taking care of her three children.

In October 2004, the juvenile court sustained the petition on multiple grounds. (§ 300, subd. (a), (b), (c), (i) and (j).)[1] Johnny A. was placed with his maternal great aunt and uncle; D.R. and Luis R. were placed with their father. The juvenile court ordered Mother to complete courses in anger management and parenting and to participate in individual counseling. Mother was directed to submit to eight random drug and alcohol tests and, if she either tested positive or failed to take a test, to complete a full substance abuse program. Mother did not comply with any of the court's orders. She did not enroll in any of the courses and made various excuses for her failure to do so. She did not submit to a drug or alcohol test. She appeared only rarely at the juvenile court hearings although she did maintain regular monitored contact with her children.

Because of Mother's failure to comply with its orders, the juvenile court, on April 21, 2005, granted full custody of D.R. and Luis R. to their father and terminated its jurisdiction over those two children. On January 13, 2006, the juvenile court granted legal guardianship of Johnny C. to the maternal relatives with whom he was staying. Johnny C. now receives permanent placement services.

2. Trinity E.

Trinity E. was born healthy in April 2006. Because Mother's other children had been the subjects of dependency proceedings, the child protection hotline was notified of Trinity E.'s birth.

On April 11, Mother contacted Project Peacemaker, a comprehensive mental health clinic, after she learned that Trinity E. could be taken into protective custody. Mother signed up for individual therapy and courses in anger management and parenting, all to commence the week of April 17. However, she did not enroll in a substance abuse program because, according to her, she â€