In re Emmett W.

Filed 6/30/06 In re Emmett W. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

The three children of Stephanie P. (Mother) were removed from her home after she was found agitated and disoriented as a result of an untreated bipolar condition. Four months later, after Mother had failed to bring her condition under control, the trial court awarded legal and physical custody over her two older children to their father (Father).

Mother contends that Father was not eligible to receive placement of the children as a matter of law under Welfare and Institutions Code^[1] section 361.2, subdivision (a), that the juvenile court failed to make adequate findings, and that, alternatively, the trial court abused its discretion in placing the children with Father and in granting him custody under section 361.2, subdivision (b)(1), without retaining jurisdiction. We affirm.

I. BACKGROUND

The Mendocino County Department of Social Services (County) filed a juvenile dependency petition with respect to Emmett W., 5 years old, Samuel W., 3 years old, and their infant half-brother on February 7, 2005.[2] The petition alleged that Mother came to the attention of the Fort Bragg police when she made a hang-up 911 call on February 3. Upon responding, the police found her to be agitated and disoriented. She was taken to the hospital for psychiatric evaluation, but she was not hospitalized at that time. Her children were placed in foster care. Over the next three days, Mother continued to exhibit conduct suggestive of mental illness and was hospitalized on February 6. The petition concluded that Mother was â€