Diana S. v. Super. Ct. CA1/2

Good Law
Court of Appeal of CaliforniaSeptember 25, 2015A144879California5,535 words

Opinion

Opinion

Richman, J.

BACKGROUND

The points and authorities supporting the petition, and the Agency’s response thereto, establish that both parties are thoroughly conversant with the record. Most of the salient events and details are not controverted. There is consequently no need to reiterate them all here. The following narrative is tailored to the issues presented for decision, and viewed most favorably to the order being challenged. (In re I.J. (2013) 56 Cal.4th 766, 773.) The relevant timeframe begins when petitioner and the very young Jeremiah * were living with petitioner’s aged and infirm mother. After attacking her mother, and forcing her out of her own home, petitioner was found wandering the street with Jeremiah. The Agency took Jeremiah into custody, while petitioner underwent a psychiatric examination under the Lanterman-Petris-Short Act (§ 5150). The mother told police that petitioner was “bipolar and violent when she is off her medication.” Jeremiah was detained and placed with his paternal grandmother. After petitioner threatened Jeremiah’s presumed father and attacked the paternal grandmother, counsel for Jeremiah secured a restraining order directing petitioner to stay away from…

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