In re Jillian C. CA2/6 ( 2013 )


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  • Filed 2/26/13 In re Jillian C. CA2/6
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
    publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
    or ordered published for purposes of rule 8.1115.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION SIX
    In re In re the Matter of JILLIAN C.,                                         2d Juv. No. B244968
    (Super. Ct. No. J1395831`)
    (Santa Barbara County)
    JULIE G.,
    Petitioner,
    v.
    SUPERIOR COURT OF CALIFORNIA,
    COUNTY OF SANTA BARBARA,
    Respondent.
    SANTA BARBARA CHILD
    PROTECTIVE,
    Real Party in Interest.
    Julie G. (mother) seeks extraordinary writ review of a juvenile court order
    terminating reunification services and setting a permanency planning hearing for her
    daughter, Jillian C. (Welf. & Inst.Code, § 366.26.)1 Mother contends that the court
    1   All statutory references are to the Welfare and Institutions Code.
    1
    erroneously found that she had failed to participate regularly and make substantive
    progress in her case plan. We deny the petition.
    Factual and Procedural Background
    Daughter was born in September 2009. In February 2012 Child Welfare Services
    (CWS) filed a section 300 dependency petition on her behalf. The petition alleged that,
    because of substance abuse, the parents were unable to care for daughter. In the
    Jurisdiction/Disposition Report, CWS stated: "[M]other has used marijuana on a near
    daily basis since she was a young teenager and she has used methamphetamine, cocaine,
    and various other drugs on and off. . . . [M]other reported that she uses drugs as a coping
    skill to deal with stress."
    On March 29, 2012, the juvenile court sustained the petition and declared daughter
    a dependent child. The court ordered that daughter be removed from the parents' physical
    custody and that CWS provide reunification services. Mother's case plan required, inter
    alia, that she (1) "demonstrate her ability to live free from drug dependency by
    consistently testing negative for all substances, regularly engaging in substance abuse
    treatment, and obtaining a sponsor"; and (2) "demonstrate her ability and willingness to
    have custody of her child by obtaining and maintaining a legal, verifiable source of
    income and appropriate housing."
    Prior to the six-month review hearing, CWS recommended that reunification
    services be terminated and that the matter be set for a permanency planning hearing
    pursuant to section 366.26. The matter was continued to November 1, 2012, for a
    contested review hearing.
    At the hearing, the court received CWS's Status Review Report filed on September
    27, 2012. In the report CWS concluded that mother had not complied with the case
    plan's requirement that she avoid illegal drugs and engage in substance abuse treatment.
    CWS noted: On March 13, 2012, mother enrolled in an inpatient treatment program at
    Recovery Way. She was placed on probation for using spice (synthetic marijuana). On
    May 10, 2012, mother was discharged from the inpatient program for violating rules
    while she was on probation. Mother enrolled in a Recovery Way outpatient program. On
    2
    June 13, 2012, mother admitted using spice and alcohol. Mother was discharged from
    the outpatient program and referred to a "detox" program. She was discharged from the
    detox program for rule violations. Mother entered another detox program. Upon release
    from that program on June 30, 2012, she enrolled in an outpatient treatment program at
    Recovery Way. She made progress in the outpatient program, and in July 2012 she
    reentered the inpatient program. But on September 6, 2012, she was discharged from the
    inpatient program.
    A report from the provider of the inpatient program explained why she had been
    discharged: "With repeated support and direction from staff, [mother's] progress in
    treatment continues to be stunted by her chronic attempts to staff split, blame others and
    not take responsibility for her past and current negative attitudes and behavior." After her
    discharge, mother entered an outpatient program at Coast Valley.
    In the Status Review Report, CWS also concluded that mother had failed to
    comply with the case plan's requirement that she maintain a legal, verifiable source of
    income and appropriate housing. CWS noted that mother was unemployed, that her
    unemployment benefits had "ended sometime in September [2012] leaving [her] without
    an income," and that she was living in a homeless shelter.
    At the hearing, the social worker testified as follows: Mother's drug tests have all
    been negative. She missed one test on May 26, 2012. After her September 6, 2012
    discharge from the Recovery Way inpatient program, mother enrolled in other programs
    and has complied with these programs. Mother applied for low-income housing and said
    that "she might have a job with a pizza place."
    Mother testified that she had applied for a two-bedroom apartment. Her
    application had been conditionally approved. The condition was that she provide proof
    of employment. According to mother, she had the requisite proof: "I package samples for
    a health company up at the bridge house and I get paid cash."
    After considering the evidence, the juvenile court declared: "I can't find that [the
    parents have] participated regularly and made substantive progress." "I find that both the
    mother's and father's progress has been minimal in this instance."
    3
    Applicable Law and Standard of Review
    If a child is under the age of three at the time of initial removal from a parent and
    the juvenile court finds by clear and convincing evidence at the six-month review hearing
    "that the parent failed to participate regularly and make substantive progress in a court
    ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26
    within 120 days." (§ 366.21, sub. (e).) We review for substantial evidence the juvenile
    court's finding that mother failed to participate regularly and make substantive progress
    in the case plan. (Jennifer A. v. Superior Court (2004) 
    117 Cal.App.4th 1322
    , 1341;
    Sheila S. v. Superior Court (2000) 
    84 Cal.App.4th 872
    , 880-881.) "We must view the
    evidence in the light most favorable to [CWS] and indulge all legitimate and reasonable
    inferences to uphold the [finding]. [Citation.]" (Mark N. v. Superior Court (1998) 
    60 Cal.App.4th 996
    , 1010.)
    Substantial Evidence Supports the Juvenile Court's Finding
    Substantial evidence supports the juvenile court's finding that mother failed to
    participate regularly and make substantive progress in the treatment of her drug
    dependency. While in the inpatient treatment program at Recovery Way, she was placed
    on probation for using spice. She was subsequently discharged for rule violations.
    Mother then entered a Recovery Way outpatient program, but was discharged for using
    spice and alcohol. Mother entered a detox program, but was discharged for rule
    violations. Upon release from another detox program, she reentered Recovery Way's
    inpatient program but was discharged because her progress was "stunted by her chronic
    attempts to staff split, blame others and not take responsibility for her past and current
    negative attitudes and behavior."2 The social worker testified: "The recommendation
    from the drug and alcohol counselor and from the doctor that did the psych[ological]
    eval[uation] is that [mother] needed inpatient treatment and she's been unable to
    2  Mother's compliance with other drug programs after September 6, 2012 (ante p.
    3), is irrelevant to the trial court's decision to terminate reunification. She failed at all
    programs prior thereto.
    4
    successfully complete that." Mother testified that her case plan required six months of
    inpatient treatment, but she had completed only four months.
    Substantial evidence also supports the juvenile court's finding that mother failed to
    participate regularly and make substantive progress toward the case plan objective of
    "obtaining and maintaining a legal, verifiable source of income and appropriate housing."
    Mother was living in a homeless shelter. Although mother testified that she was
    employed by "a health company up at the bridge house," she provided no proof of
    employment and did not identify her employer by name. The social worker contradicted
    mother's testimony. The social worker testified: "I recently spoke with [mother] and she
    said she might have a job with a pizza place."
    Disposition
    The petition is denied.
    NOT TO BE PUBLISHED.
    YEGAN, J.
    We concur:
    GILBERT, P.J.
    PERREN, J.
    5
    Arthur A. Garcia, Judge
    Superior Court County of Santa Barbara
    ______________________________
    Richard R. Martinez, for Petitioner.
    No appearance for Respondent.
    Dennis A. Marshall, County Counsel, County of Santa Barbara, Sarah A.
    McElhinney, Deputy, for Real Party I Interest.
    6
    

Document Info

Docket Number: B244968

Filed Date: 2/27/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021