In re M.J.

Filed 8/31/06 In re M.J. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from the Superior Court of San Bernardino County. James C. McGuire, Judge. Affirmed.

Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant.

Dennis E. Wagner, Interim County Counsel, and Dawn M. Messer, Deputy County Counsel, for Plaintiff and Respondent.

Jennifer Mack, under appointment by the Court of Appeal, for Minor.

Mother appeals from the jurisdictional and disposition findings and orders of the juvenile court in which the court declared mother's daughter, M.J. (born in 1997), a dependent of the court, and ordered her removed from mother's care. Mother contends there was insufficient evidence to support the court's jurisdiction order, which was founded on the court's finding that mother's boyfriend sexually molested M.J. Mother also argues that there was insufficient evidence supporting the lower court's order removing M.J. from mother's care.

We conclude there was substantial evidence supporting the juvenile court's jurisdictional and disposition orders, and affirm the judgment.

1. Factual and Procedural Background

The Department of Children's Services (DCS) removed M.J. from mother's care after mother was arrested in November 2005, on an outstanding warrant. The warrant was for violating a restraining order related to charges initiated by mother's boyfriend, Glenn, against mother for burglary, stalking, terrorist threats and vandalism.

At the time of mother's arrest, mother was living with M.J. in a motel. Mother claimed she was living there to get away from Glenn, who had molested M.J. M.J.'s father lived out-of-state and had not been involved in M.J.'s life.

The DCS filed a juvenile dependency petition in November 2005, alleging that M.J. came within the provisions of Welfare and Institutions Code section 300, subdivisions (b), (d), and (g)^[1]: that there was a substantial danger to her physical health, safety, protection, or physical or emotional well-being if returned home; no reasonable means existed to protect M.J. other than removing her from mother's care; mother suffered from mental illness which at times prevented her from protecting M.J. from abuse and neglect; M.J. was sexually abused by mother's boyfriend, Glenn; mother knew or reasonably should have known M.J. was at risk of being molested and failed to protect her; and M.J.'s father's whereabouts were unknown.

Mother's relatives informed the DCS that they were concerned about mother's mental stability. Mother's grandmother said she was in the process of legally evicting mother from grandmother's home because of mother's bizarre behavior and failure to pay her phone and utility bills.

In November 2005, the juvenile court ordered M.J. detained and placed her in foster care. Mother was released from jail in December 2005. The DCS recommended M.J. remain in foster care and mother undergo a psychiatric evaluation to determine her ability to parent M.J.

In January 2006, DCS social worker, Nita McGee, interviewed mother, M.J., and Glenn concerning allegations that Glenn had sexually abused M.J. Mother claimed Glenn had sexually abused M.J. on several occasions. M.J. said that Glenn did not physically touch her but walked out of the shower naked and did other things that made her uncomfortable. M.J. was vague in her recollection of such incidents.

Mother acknowledged that juvenile dependency proceedings were initiated against her in 1998 and 1999. The DCS in Los Angeles filed juvenile dependency petitions concerning M.J. because mother had mental problems, was homeless, and had attempted to abandon M.J. During a psychological evaluation in 1998, mother was diagnosed with schizophrenia, which the psychologist concluded placed M.J. at risk.

Glenn denied molesting MJ and said his relationship with mother ended because of her increasingly bizarre behavior. He claimed he continued to give mother money because he felt sorry for her. But when mother's threats became violent, he reported them to the police and pressed criminal charges against her. Glenn believed mother suffered from mental illness and she needed treatment.

Also in January, Jane Kilbourne, a forensic interview specialist at the Children's Assessment Center, interviewed M.J. M.J. told Kilbourne â€