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In Re K.S., A Person Coming Under the Juvenile Court Law. v. A.S

September 15, 2011

IN RE K.S., A PERSON COMING UNDER THE JUVENILE COURT LAW. SHASTA COUNTY HEALTH AND HUMAN SERVICES AGENCY, PLAINTIFF AND RESPONDENT,
v.
A.S., DEFENDANT AND APPELLANT.



(Super. Ct. No. 09JVSQ2663302)

The opinion of the court was delivered by: Murray , J.

In re K.S.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appellant, the mother of the minor, appeals from the juvenile court's orders denying her request for modification and terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395.)*fn1

On appeal, appellant contends she was not afforded due process because the juvenile court denied her modification request without a "full evidentiary hearing." She also contends the juvenile court abused its discretion by finding she had not made a prima facie showing entitling her to a hearing on her modification request. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Shasta County Health and Human Services Agency (the Agency) first filed a dependency petition concerning the minor in October 2006, not long after the minor was born. The petition was based on appellant's failure to reunify with her other five children, who had been removed as a result of her substance abuse. The petition alleged that, as recently as November 2004, two of appellant's other children had been removed from her care because of her arrest and incarceration for drug-related offenses. Appellant was denied services with those children the following year due, in part, to her continued drug use.

In January 2007, the allegations in the petition were sustained. However, as appellant and the father had maintained sobriety for almost two years, the minor remained in their care, and the juvenile court ordered family maintenance services.

The detention report stated that in March 2007, law enforcement received an anonymous report that there was a dispute at the home. Both parents had been drinking alcohol. Officers arrested father for domestic abuse. A social worker called by law enforcement determined the mother was able to care for the minor and the minor remained placed with the parents with continuing services. By the review hearing in December 2007, all of appellant's drug tests had been negative and she had regularly been attending 12-step meetings as well as counseling and adhering to a mental health plan to address her mental health issues. Consequently, the juvenile court terminated dependency jurisdiction.

In March 2009, a new petition was filed concerning the minor, now two and one-half years old, alleging the parents had been arrested for offenses involving domestic violence, being under the influence of drugs, and child endangerment. According to the petition, methamphetamine and a pipe were within reach of the minor and appellant admitted recently abusing methamphetamine.

The minor was detained and the allegations in the petition were sustained. Despite the Agency's recommendation against providing reunification services to appellant, the juvenile court ordered services for both parents.

The parents complied with their case plans, including the completion of domestic violence programs and drug and alcohol treatment. For appellant, this included the Intensive Drug and Alcohol Day Treatment ...


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