Lynne P. v. Sup. Ct.
Filed 3/29/06 Lynne P. v. Sup. Ct. CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 EIGHT
| LYNNE P., Petitioner, v. THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, Respondent. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES et al., Real Parties in Interest. | B188503 (Los Angeles County Super. Ct. No. CK55235) |
ORIGINAL PROCEEDING. Writ petition pursuant to rule 38.1 of the California Rules of Court. Irwin H. Garfinkel, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Petition denied.
Mary Cochran for Petitioner.
No appearance for Respondent.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Liana Serobian, Deputy County Counsel, for Real Party in Interest Los Angeles County Department of Children and Family Services.
Children's Law Center and Elena Min for the Child.
Petitioner Lynne P. (mother) is the mother of K.P., a five-year-old girl who was declared a dependent of the juvenile court. At the conclusion of a contested 18-month review hearing (Welf. & Inst. Code, § 366.22), the court terminated reunification services and scheduled a hearing for the selection and implementation of a permanent plan for K.P. (§ 366.26).[1]
Mother filed a writ petition (Cal. Rules of Court, rule 38.1) challenging the juvenile court's decision. She claims no substantial evidence supports the court's findings that (1) the Los Angeles County Department of Children and Family Services (Department) provided mother with reasonable reunification services, and (2) returning K.P. to her custody would create a substantial risk to K.P.'s safety.
Both the Department and K.P. oppose the granting of relief.
We conclude the challenged findings are supported by substantial evidence. Accordingly, we deny the petition.
PROCEDURAL BACKGROUND AND FACTS[2]
This matter came to the Department's attention in April 2004, after mother left then three-year-old K.P. with mother's younger sister (aunt) and disappeared, prompting mother's mother (grandmother) to file a missing person's report. The aunt told a Department social worker that mother was schizophrenic and had a history of hearing voices. According to the aunt, mother left K.P. with her and disappeared after repeatedly stating that she smelled dead bodies and that K.P. was the cause of it. Mother also struck K.P. several times before leaving the aunt's residence.
The grandmother advised the Department social worker that mother often declared she did not want to care for K.P. because it interfered with her ability to spend time with her boyfriend who, according to the grandmother, had unspecified mental problems.
The Department social worker also learned that mother had been receiving regional center services for three years, had been diagnosed with mild mental retardation and depression, and had been prescribed medication.[3] A regional center social worker reported that mother engaged in sex with her boyfriend in K.P.'s presence.
The Department detained K.P., placed her with the aunt, and filed a dependency petition on her behalf. The petition alleged that mother physically abused K.P., engaged in sexual intercourse in K.P.'s presence, left K.P. with the aunt without making appropriate plans for her care and supervision, and suffers from mental and emotional problems.
At the conclusion of a detention hearing, the court found the Department had made a prima facie case for detaining K.P. The court approved monitored visits for mother. About one week later, the court approved K.P.'s placement in foster care after both the aunt and grandmother stated they were unwilling to care for her.
According to the Department's jurisdiction/disposition report prepared in May 2004, mother admitted not taking her prescribed medication and having sex with her boyfriend in K.P.'s presence on one occasion. She also admitted saying she did not want K.P., though she claimed she was mad at the time and did not mean what she said. Mother denied hitting K.P., though she conceded she bit K.P. on the foot â€
