In re A.C.

 

 

 

 

 

 

Filed 1/26/07  In re
A.C. CA5

 

 

 

NOT TO BE
PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered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

FIFTH APPELLATE DISTRICT

 

 

In re A.C. et al., Persons Coming Under the Juvenile Court Law.
FRESNO COUNTY DEPARTMENT OF CHILDREN & FAMILY SERVICES,   Plaintiff and Respondent,                           v.   E.C.,   Defendant and Appellant.	F050777   (Super. Ct. No. 04CEJ300144)     OPINION

 

THE COURT^*

            APPEAL from a
judgment of the Superior Court of Fresno
County.  Jamileh Schwartzbart, Temporary Judge.^†

            Leslie A. Barry, under appointment by the
Court of Appeal, for Defendant and Appellant.

            Dennis A. Marshall, County Counsel, and William G. Smith, Deputy
County Counsel, for Plaintiff and Respondent.

-ooOoo-

            E.C. (appellant) appeals from the juvenile
court's order reducing her visitation from weekly to twice a month.  Finding no
abuse of discretion, we affirm.

PROCEDURAL AND FACTUAL HISTORY

            On June 30, 2004, 10-year-old A.C. and
five-and-a-half-year-old Kyra C. were temporarily detained by the Fresno County Department of Children and
Family Services (the Department) when their maternal great-grandmother
informed the Department that she was no longer able to care for them and could
not locate their mother, appellant.  When appellant was located, she admitted
she was homeless, unemployed, and using cocaine and marijuana.

            The Department filed a petition alleging the
children were subject to jurisdiction under Welfare and Institutions Code
section 300, subdivision (b)^[1] because
appellant had a history of substance abuse which contributed to her unstable
lifestyle of prostitution and homelessness and her failure to maintain ongoing
contact with her children or provide a suitable plan for their care and
support.  At the detention hearing on July 7 , 2004, the juvenile court found prima facie evidence to support the
Department's section 300 allegation and formally detained the children.  The
children were placed in foster care.

            At mediation on July 27, 2004, appellant agreed to submit on the petition and asked to be referred to an inpatient
substance abuse program.  The juvenile court accepted appellant's submission
and found the allegations of the petition true.

            Pending disposition, appellant completed an
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