J.M.

J.M. v. Superior Court

Good Law
140 Cal. Rptr. 3d 247·2012 Cal. App. LEXIS 476·205 Cal. App. 4th 483
Court of Appeal of CaliforniaMarch 28, 2012No. B237797California1,765 words

Opinion

Lead Opinion

Gilbert, J.

Here we conclude when a mother’s criminal neglect is a substantial factor in the health of her child, she is not entitled to reunification services.

J.M. (Mother) seeks an extraordinary writ and challenges an order of the juvenile court bypassing family reunification services and setting a permanent plan hearing regarding her two minor children. (Welf. & Inst. Code, §§361.5, subd. (b)(4), 366.26, subd. (c).) 1 We deny her petition for extraordinary writ.

*485 FACTUAL AND PROCEDURAL HISTORY

Mother is the parent of seven-year-old A.M. and four-year-old T.M. She was also the parent of I.M., who was five years old when he died in June 2011 from acute oxycodone intoxication.

On July 1, 2011, following I.M.’s death, the County of Ventura Human Services Agency (HSA) filed a dependency petition on behalf of A.M. and T.M. HSA alleged that the children were at significant risk of abuse or neglect due to Mother’s drug abuse and criminal behavior. HSA stated that Mother permitted and used illegal drugs in the family home, and that I.M. died from ingesting dangerous drugs. HSA also alleged that T.F., the presumed father of the children, abused drugs, had a lengthy criminal…

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