In re J.R., 031519 CAAPP3, C087872

Docket Nº:C087872
Opinion Judge:BLEASE, J.
Party Name:In re J.R. et al., Persons Coming Under the Juvenile Court Law. SHASTA COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. C.R., Defendant and Appellant.
Judge Panel:We concur: Raye, P. J. Butz, J.
Case Date:March 15, 2019
Court:California Court of Appeals

In re J.R. et al., Persons Coming Under the Juvenile Court Law.



C.R., Defendant and Appellant.


California Court of Appeals, Third District, Shasta

March 15, 2019


Super. Ct. Nos. 16JVSQ3064101, 16JVSQ3064201, 16JVSQ3064301, 16JVSQ3064401


C.R., mother of the minors J.R., T.S., Ti.S., and E.S., appeals from the juvenile court's order denying her petition for modification and terminating parental rights as to J.R. (Welf. & Inst. Code, §§ 388, 366.26, 395.)1 She contends the denial of her petition for modification was an abuse of discretion. We shall affirm.


In March 2016, mother was living with the minors J.R. (born December 2007), T.S. (born November 2009), Ti.S. (born August 2011), E.S. (born October 2012) (collectively, the minors), O.C. (born June 2004), and the father of the S. children, T.2 At the end of the month, the Shasta County Health and Human Services Agency (the Agency) was informed by the Redding Police Department that, pursuant to an investigation of mother's residence for drug dealing, 100 (including 30 used) syringes, one gram of methamphetamine, an “8-ball” of heroin, cocaine, scales, and baggies were found at her home. Mother admitted using methamphetamine and smoking marijuana earlier that day, and showed track marks on her arms to the officers. The minors and O.C. were placed in protective custody on the following day. The S. father was incarcerated and the whereabouts of J.R.'s and O.C.'s fathers were unknown.

In April 2016, the Agency filed dependency petitions alleging jurisdiction over the minors and O.C. based on mother's substance abuse problem, the S. father's anger control and substance abuse problems, as well as his incarceration, the unavailability of the other fathers, and the parents' inability to meet their children's medical and dental needs. The minors and O.C. were detained later that month.

The May 2016 jurisdiction report stated mother admitted having a long history of drug abuse and had attended substance abuse treatment in the past. The S. father had a history of substance abuse and a criminal history of violent, drug-related, and child endangerment charges. Mother's criminal history included prior drug related charges. O.C.'s father recently returned O.C. to mother from his care; he was unaware of mother's current substance abuse problems or the condition of her home.

The June 2016 disposition report recommended continuing the minors as dependents while giving custody of O.C. to her father and terminating the dependency as to her. The children were primarily raised by mother, except O.C., who had spent three years living with her father. T.S. struggled with adjusting to her foster home, threatening to run away several times. J.R. and T.S. had no formal educational experience before being placed in foster care.

A July 2016 addendum report related that J.R. reported being physically abused by his foster father earlier that month causing the children to be placed in new foster homes. The minors' behavioral problems lessened in their new placements.

In July 2017, the juvenile court terminated jurisdiction over O.C. and awarded custody to her father, sustained the petition as to the minors, and ordered reunification services for mother and the S. father.

The six-month review report stated that mother participated in drug treatment for four months before relapsing. The S. father perpetrated domestic violence on her during the time she relapsed. Mother obtained a temporary restraining order against him, but maintained telephone and physical contact with the S. father after the order. Mother was now living in a friend's apartment. Prior to the relapse, she was making good progress on her case plan.

J.R. and Ti.S. were placed together in a foster home, while T.S. and E.S. were placed separately in foster homes. T.S.'s placement, her fourth, was not a good fit for her and a search for a more appropriate placement was underway. J.R. and Ti.S. were in their third placement. They felt safe in it and would like to return to their home in the future. J.R. stated that he would like his parents to learn how to take him to school. E.S. was in his third placement; he attached to caregivers quickly and settled into his new foster home.

J.R. was diagnosed with posttraumatic stress disorder (PTSD) and adjustment disorder. T.S. was diagnosed with PTSD with depressive features. Ti.S. and E.S. had no diagnosed mental health needs. Services were continued at the six-month review hearing in January 2017.

The 12-month review...

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