San Diego County Health & Human Services Agency v. Celeste W.

Good Law
165 Cal. App. 4th 1394·2008 Cal. App. LEXIS 1240·81 Cal. Rptr. 3d 747
Court of Appeal of CaliforniaJuly 28, 2008No. D052204California3,246 words

Opinion

lead Opinion

Aaron, J.

*1397 Opinion

Celeste W., mother of dependent minor Yvonne W., appeals a juvenile court order, made at an 18-month review hearing, continuing Yvonne’s placement in foster care and ordering Yvonne’s permanent plan to be another permanent planned living arrangement. Celeste challenges the sufficiency of the evidence to support the court’s finding that it would be detrimental to Yvonne to return her to Celeste’s custody under Welfare and Institutions Code 1 section 366.22, subdivision (a). Celeste also contends that she was not offered or provided reasonable services. We conclude that the evidence was insufficient to support the court’s finding that returning Yvonne to Celeste’s custody would create a substantial risk of detriment to Yvonne. Accordingly, we reverse the order.

I

FACTUAL AND PROCEDURAL BACKGROUND

In July 2006, 11-year-old Yvonne became a dependent of the juvenile court and was removed from parental custody based on findings that Celeste used marijuana and was arrested on drug charges in Yvonne’s presence. (§ 300, subd. (b).) According to reports filed by the San Diego County Health and Human Services Agency (Agency), Celeste’s boyfriend, Stephan C., was selling…

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