J.M.
J.M. v. Superior Court
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…