LAURA B. v. Superior Court

Laura B. seeks extraordinary relief from orders of the Orange County Juvenile Court denying reunification services and scheduling a Welfare and Institutions Code section 366.26 permanency hearing for her daughter, Alicia B. She contends the court abused its discretion when it declined to order reunification services pursuant to section 361.5, subdivision (b)(12) based on her history of failed substance abuse rehabilitation. Her argument is that there was insufficient evidence she resisted available treatment programs in the three years immediately preceding the filing of the dependency petition. Having reviewed her petition on the merits, we deny relief. (Cal. Rules of Court, rule 39.IB.)

Alicia was bom in May 1998 in the ambulance transporting her and her mother to the hospital for delivery. Tests showed she had been exposed to cocaine in útero, and Laura refused to undergo a drug test at the hospital.

Laura has three other children: Timothy P. (bom in November 1985), Bradley W. (bom in December 1989), and Jeffrey W. (bom in April 1991). All three boys are in their maternal grandmother’s custody under a voluntary guardianship. Bradley was also bom addicted to cocaine…