San Diego County Health & Human Services Agency v. Tanya H.

Good Law
124 Cal. App. 4th 1013·2004 Cal. App. LEXIS 2085·2004 Daily Journal DAR 14637·21 Cal. Rptr. 3d 711·2004 Cal. Daily Op. Serv. 10839
Court of Appeal of CaliforniaNovember 10, 2004No. D044381California1,954 words

Opinion

lead Opinion

Rourke, J.

Tanya H. (the mother) appeals juvenile court orders establishing a permanent plan of guardianship for her son, K.D., naming a guardian and terminating the court’s dependency jurisdiction. She argues the court abused its discretion in not selecting a guardian whose residence is in California or, in the alternative, not maintaining jurisdiction in order to oversee visitation. We affirm the orders establishing the guardianship and naming K.D.’s foster father as his guardian. We reverse the order terminating dependency jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

On August 29, 2002, the San Diego County Health and Human Services Agency (the Agency) petitioned on behalf of four-month-old K.D. under Welfare and Institutions Code section 300, subdivision (b), 1 alleging he had a medical disorder requiring care and treatment that the mother was unable to *1016 provide because of her methamphetamine use. The mother admitted she was addicted to methamphetamine. She appeared to have difficulty answering the social worker’s questions. She had been a client of the Regional Center in the past and had attended special education classes in school.

The court detained K.D. and…

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