In re D.J. CA3

FACTS AND PROCEEDINGS

The minor was born in May of 2015. Mother had used methamphetamine and opiates during her pregnancy with the minor, resulting in the minor being placed in neonatal intensive care. Mother has a lengthy criminal, substance abuse, and mental health history. The minor’s father also has a history of substance abuse.

Upon the minor’s June 11, 2015, discharge from the hospital, the Department filed a section 300 petition on behalf of the minor based on mother’s lengthy substance abuse and mental health history, and father’s substance abuse history. Mother also has a lengthy criminal history and a Child Protective Services history involving the general neglect of the minor’s half sibling. The minor was detained and placed with her maternal aunt. The juvenile court ordered a minimum of twice-a-week visitation for mother and father.

The day after the June 18, 2015 detention hearing, mother was arrested for robbery, for which she was ultimately convicted and sentenced to 270 days in custody. The Department did not, at that time, seek a reduction in the visitation order based on any alleged inappropriateness or inability to provide the ordered visitation. It did not,…