Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re J. Y., A Person Coming Under the Juvenile Court Law. v. v. D

July 5, 2012

IN RE J. Y., A PERSON COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
V. D., DEFENDANT AND APPELLANT.



(Super. Ct. No. JD230925)

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

In re J.Y.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 V. D., the mother of the minor J. Y., appeals from the juvenile court's orders denying her petition for modification and terminating her parental rights. (Welf. & Inst. Code,*fn1 §§ 395, 388, 366.26). She contends that it was an abuse of discretion for the juvenile court to deny her petition for modification seeking reunification services and custody of the minor. We affirm.

BACKGROUND

Mother brought the minor to Mercy San Juan Hospital in August 2010. A medical examination of the one-month-old minor determined she had sustained a fractured left femur, four fractured ribs, a bucket handle fracture of the medial corner above the ankle joint, and a greenstick fracture of the proximal left radius. The minor underwent surgery and was placed in a half body cast. Doctors determined that the injuries were of different ages. Mother could not explain how her child was injured.

The Sacramento County Department of Health and Human Services (the department) filed a dependency petition in August 2010, alleging jurisdiction of the minor pursuant to section 300, subdivisions (a) (serious physical harm), (b) (failure to protect), and (e) (severe physical abuse). The minor was detained later that month.

A department social worker interviewed mother in September 2010. Mother denied having seen anything suggesting the minor was hurt. She said that her former boyfriend, J. S., was never left alone with the child. She admitted leaving the minor with her roommate when she and J. S. went to the drugstore to get medicine. She also once left the child with the maternal grandmother for about an hour. Mother bathed the child and never saw a bruise on her. She was no longer in a relationship with J. S., and had moved out of the home where they lived. However, she did not think J. S. harmed her child, and had said so to the police. Mother said that she broke up with J. S. in case there was any chance he could have hurt the minor.

Mother knew J. S. had a prior conviction for injuring a child. In January 1997, J. S. inflicted extensive injuries on his one-and-one-half-month-old son, including brain hemorrhaging, a lacerated liver, and broken ribs. The injuries were of different ages, and the infant sustained permanent brain damage as a result of the attacks. J. S. was convicted of three counts of felony child endangerment and sentenced to 13 years and 4 months in state prison. Mother said that J. S. told her his son fell off the couch and he then fell onto him.

The minor's caregiver reported mother was aggressive with her on the telephone and was bringing people with her to the medical visits. The maternal aunt withdrew her request for placement in November 2010, stating that mother's "uncontrollable anger issues, temper, and selfishness" kept her from seeing the minor's best needs or from putting the minor's needs before her own.

A February 2011 report noted mother was regularly visiting the minor. Mother's visits were appropriate and the baby appeared to be soothed by her presence. She successfully completed a domestic violence program, was almost finished with physical abuse counseling, and was in a three-day outpatient drug program.

Mother reported that she was now living with the maternal grandmother. She said J. S. had watched the minor one or two times -- once when she went to the bathroom and another time somewhere else. Mother thought J. S. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.