In re Mia H.
The family came to the attention of the Department of Children and Family Services (DCFS) in January 2011, when Mother, Father, their daughter Mia, born in July 2009, and Mother’s three older children fathered by Shaun K. were living in a motel room. All the children had head lice and the older children had missed two weeks of school. There were also reports of Mother spitting on Father and the children.[2] Further investigation revealed that Mother had been involved in dependency proceedings in Orange County and that the three older children had lived with their paternal grandmother (Shaun’s mother) until two years earlier, when Mother regained custody.[3] In addition, Father’s parental rights over three older children had been terminated in an Orange County proceeding in 2002. Both Mother and Father acknowledged criminal histories and use of drugs. Father had completed a drug program and reported being clean for more than three years. But Mother acknowledged using methamphetamine and marijuana recently, in January 2011 and December 2010 respectively. Voluntary family maintenance services were initiated. Mother agreed to voluntary placement of the three older children with their paternal grandmother. Mother and Father agreed to drug test and Mother agreed to enroll in a drug program and to obtain a mental health evaluation. Mother subsequently failed to appear for drug tests in April and failed to participate in a drug program. In May 2011, DCFS filed a petition under section 300. Because Father had appeared for drug tests and had consistently tested negative, at DCFS’s recommendation the court placed Mia with Father. Mother was permitted monitored visitation only.
In July 2011, Mother and Father pled no contest to allegations that Mother had an unresolved history of drug abuse, including use of cocaine and methamphetamine, and that Father knew of Mother’s drug abuse and failed to protect Mia.[4] The court ordered Mother to participate in a parenting program, substance abuse counseling with random drug tests, and mental health counseling including a psychiatric evaluation. She was granted monitored visitation, but Father was not to be the monitor. The court ordered Father to drug test on demand one time, to attend a parenting class if DCFS could find an affordable one that fit into his schedule, and to attend conjoint counseling with Mother if DCFS set it up and found a counselor who would not charge Father and meet in accordance with his schedule.[5] It also ordered family maintenance services for Father, Mia and Mother.
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