Los Angeles County Department of Children & Family Services v. Lilark W.

Good Law
104 Cal. Rptr. 2d 422·2001 Cal. App. LEXIS 120·2001 Daily Journal DAR 1975·87 Cal. App. 4th 246
Court of Appeal of CaliforniaJanuary 26, 2001No. B140168California1,715 words

Opinion

Lead Opinion

Aldrich, J.

Introduction

Lilark W. (mother), mother of six-year-old Anthony W., four-year-old Aireal L. and two-year-old Jonathan L., appeals from the order of the juvenile court denying her motion under Welfare and Institutions Code section 388 1 for a modification of an earlier order terminating reunification services. We affirm the order.

Factual and Procedural Background

Mother was a dependent of the juvenile court at the time she gave birth to Anthony in 1994. Anthony became a dependent of the court upon an amended petition alleging mother’s minority and lack of ability and resources to care for the child. That petition was dismissed on April 17, 1995. (§ 390.)

On June 5, 1998, the Los Angeles County Department of Children and Family Services (the department) filed a new petition naming Anthony and the two additional children born to mother, Aireal and Jonathan. This petition alleged Jonathan had been bom in May 1998, with a positive toxicology screen for cocaine, and mother’s drag use rendered her incapable of caring for the children. (§ 300, subds. (b), (c) & (i).) Mother’s whereabouts were unknown. Mother had admitted using cocaine during her pregnancies and had no stable…

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