J.F. v. Superior Court
Annotate this CaseIn late August 2015, the Orange County Social Services Agency (SSA) filed a dependency petition regarding minor, who was about one month shy of his third birthday. While at the emergency room for a cut on his finger, child was observed to have red sores and pustules around his genitals and buttocks. Also, mother reported that she had not taken minor for any well checks since he was one month old, and that minor had not received any vaccinations. The petition alleged that mother had unresolved anger management issues. In 2013 mother was convicted for domestic violence arising from an incident in which she had struck her ex-husband in the head five times and struck his vehicle repeatedly with a metal stick. The petition also alleged that mother had an unresolved substance abuse problem; a history of methamphetamine use. She reportedly had last used methamphetamine approximately two weeks prior to the incident in which minor cut his finger. Mother’s probation officer reported that mother was not enrolled in a drug treatment program, had multiple positive drug tests, and was not attending Narcotics Anonymous meetings. Being sent to jail marked a significant turning point for mother. The child was placed with his maternal aunt and uncle. The aunt and uncle indicated a desire to adopt minor if reunification with mother were to fail. Mother contested the recommendation, and an evidentiary hearing was held. Ultimately, the court sided with SSA, terminated reunification services, and set a hearing. The court described mother’s progress while out of custody as “minimal” and “hollow.” The court described mother’s visitation as “strikingly sporadic.” The court noted, however, that while in custody, “mother has taken advantage of every service . . . available to her, and that certainly is to be commended.” The court also “emphathize[d] with mother for a variety of reasons, her youth, the loss that she has suffered in her life.” Nonetheless, the court felt “constrained by an evaluation of the . . . statutory and case law . . . .” Mother’s petition for writ of mandate arose from the trial court’s order terminating reunification services and the “.26 hearing.” After review, the Court of Appeal concluded that the trial court’s finding regarding mother’s actions towards reunification was not supported by substantial evidence. As such, the Court issued the requested writ of mandate.
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