In re Elizabeth D. CA4/1

Good Law
Court of Appeal of CaliforniaAugust 7, 2014D065669California1,076 words

Opinion

Opinion

Rourke, J.

BACKGROUND

Rick has a history of mental illness, substance abuse and domestic violence. Just

days before Elizabeth was born in December 2008, her mother, Jennifer D., reported that

Rick had slapped her. As a result, Jennifer obtained legal custody of Elizabeth and Rick

had supervised visitation.

In September 2009, the San Diego County Health and Human Services Agency

(the Agency) detained nine-month-Elizabeth and filed a dependency petition because

Jennifer was unable to care for her due to mental illness and Rick had not protected

Elizabeth. The juvenile court declared Elizabeth a dependent and ordered her removed

from parental custody. During the dependency, Elizabeth lived with her maternal

grandmother and maternal uncle for more than one year. In February 2011, Elizabeth

began a 60-day trial visit with Rick. At the 18-month hearing in April, the court ordered

Elizabeth placed with Rick. In November, the court awarded Rick custody of Elizabeth,

with supervised visits for Jennifer, and terminated dependency jurisdiction.

In February 2012, the Agency filed a new petition for three-year-old Elizabeth.

The petition alleged Rick had relapsed on alcohol and let…

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