Mother
and S.N. (father) are the parents of Z.N., who was born in
November 2017. Mother and A.S. are the parents of Z.N.'s
two older half-sisters, M.S. and V.S., born in January 2012
and December 2012, respectively. Mother is the sole
appellant.
To
summarize the earlier proceedings in this dependency case, we
quote a lengthy excerpt from our earlier unpublished opinion
(In re Z.N. (Aug. 24, 2021, B309358) [nonpub
opn.].) "At the time this case was initiated, mother . .
. resided with all three of her children and her boyfriend at
the time, R.P. . . . Mother reported that per a family law
court order, she had primary physical custody of Z.N. subject
to monthly visits by father on weekends[.]" (In re
Z.N., supra, B309358.)
"On
September 1, 2020, mother took Z.N. to the emergency room
after observing Z.N. walking with a limp. Mother was
concerned that Z.N. had been injured during a visit with
father the weekend before, as Z.N. was not limping prior to
the visit. She stated that while she noticed Z.N. ‛had
some bruising to her bottom,' she ‛did not think
anything of the bruises' because Z.N. reportedly is
‛clumsy,' ‛falls often,' and
‛bruises easily' ‛when she falls or
plays.'" (In re Z.N., supra, B309358.)
"While
examining Z.N., the emergency room doctor observed the
following: (1) five bruises along the side of Z.N.'s
right thigh ranging in size and at different stages of
healing; (2) faint bruises on her right buttocks; (3) two
small bruises on Z.N.'s left thigh; and (4) a bruise
measuring approximately three centimeters on the right side
of Z.N.'s genital area, which 'extend[ed] from [the]
inner thigh to [the] vaginal wall[.]' The doctor noted
the bruises were 'concerning' and might be indicative
of non-accidental trauma." (In re Z.N., supra,
B309358.)
"Due
to mother's reports regarding Z.N.'s history of
bruising easily, doctors conducted a bone survey, as well as
pediatric hematology and oncology tests, to determine whether
there was a physiological cause for her current bruises. The
doctors who reviewed Z.N.'s test results determined there
did not appear to be a physiological reason for her bruises,
and suspected they were caused by non-accidental
trauma." (In re Z.N., supra, B309358.)
"Subsequently,
child abuse pediatrician Corey J. Rood, M.D., examined Z.N.
He observed she had'[n]umerous large coalescing
bruises' on her right thigh ‛extending from near
the knee to the hip,' multiple bruises on her left thigh,
and bruises in
her genital area. Dr. Rood opined ‛[t]he accidental
trauma history mother provide[d] of [Z.N.] being an active
toddler who jumps, plays, and falls onto her buttocks and
legs does not adequately explain the soft tissue
bruising' observed on Z.N.'s thighs and genital area.
He also noted mother reported Z.N. ‛had a
subconjunctival hemorrhage' in one of her eyes the week
before due to vomiting. Dr. Rood stated that, in children,
those types of hemorrhages ‛are not caused by vomiting
and are indicative of accidental [or] inflicted blunt force
trauma or asphyxiation.' He also found ‛[t]here is
no accidental trauma history to explain [Z.N.'s]
subconjunctival hemorrhage.'" (In re Z.N.,
supra, B309358.)
"Dr.
Rood concluded ‛[t]he constellation of [Z.N.'s]
current and past injuries, in the[ ] locations [observed], is
most consistent with inflicted trauma[.]'[1] He opined that if
Z.N. were 'returned to the caregiver who inflicted these
injuries, she is at increased risk of further injury and even
death.'" (In re Z.N., supra, B309358.)
"The
results of Z.N.'s hospital visit prompted a referral to
the Department of Children and Family Services (Department),
which was received on September 2, 2020. Given the nature of
Z.N.'s injuries, the Department detained the children
from mother and placed them into protective custody on the
same day." (In re Z.N., supra, B309358.)
"On
the evening of the children's detention, the Department
contacted father by phone and notified him of its
investigation into the referral pertaining to Z.N. Father
denied hurting Z.N., and reported that last Friday evening,
after he had picked her up for his most recent visit, he
observed Z.N. ‛had
bruises and scratches to [her] legs.' He related he had
texted mother to report his concerns about Z.N.'s
injuries, and to inform her that he had taken pictures of
them. Father stated that in response, mother ‛got mad .
. . and accused [him] of blaming her.' He also mentioned
that a few weeks before, Z.N. ‛had a scratch to her
eye[.]'" (In re Z.N., supra, B309358.)
"On
September 3, 2020, the children's foster mother contacted
the Department to report 'she had a very concerning talk
with [V.S.]' The foster mother reported V.S. 'said
she had a secret to tell and she wanted [the foster mother]
to promise she would not tell anyone because her mom said if
[V.S.] told they would take them away for a long time.'
Subsequently, V.S. told 'her it was her mom and her
mom's boyfriend who hit [Z.N.]' The foster mother
related V.S. 'disclosed she saw her mom throw [Z.N.]
[onto] the wall and would hold her by both arms and shake her
very hard.' V.S. then reported that mother's
boyfriend, R.P., 'would hold [Z.N.] by the ankles upside
down and shake [her] hard,' and that he had 'put[ ] a
pillow over [Z.N.'s] face to keep her from
screaming.' The foster mother stated V.S. 'was scared
to report because her mom told her if she said anything
everyone was going to get in trouble.' [¶ . . .
¶] Additionally, V.S. was interviewed by a Department
social worker in October 2020. V.S. reported R.P.
'"would hit the baby [Z.N.] in front of [her]
mom."'" (In re Z.N., supra, B309358.)
"Following
its investigation, the Department filed a petition alleging
Z.N. fell within the purview of Welfare and Institutions
Code[2]
section 300, subdivisions (a), (b)(1), and (e).[3] The petition
alleged that the injuries to Z.N.'s legs and genital area
observed in the medical examinations discussed above, as well
as the recent subconjunctival hemorrhage in her eye, were
‛consistent with inflicted trauma[, ]' and that her
parents ‛gave no explanations of how [she] sustained
[them].' The petition further alleged Z.N.'s injuries
‛would not ordinarily occur except as the result of
deliberate, unreasonable and neglectful acts by [her]
parents[, ]' which ‛create[d] a detrimental home
environment' and placed her at serious risk of physical
harm." (In re Z.N., supra, B309358.)
"On
November 5, 2020, the Department filed an amended petition,
in which the allegations pertaining to father and those
brought under section 300, subdivision (e) were stricken. At
a hearing held on the same day, mother pled no contest to the
amended petition. The juvenile court accepted her plea,
sustained the amended petition as pled, and declared [the
children] dependent[s] of the court." (In re Z.N.,
supra, B309358.)
At the
subsequent dispositional hearing, the juvenile court removed
all three children from mother, ordered M.S. and V.S. in
suitable placement under the Department's supervision,
and placed Z.N. with father. Mother was granted family
reunification services and monitored visitation with the
children. Mother's court-ordered case plan required her
to complete a parenting
class and to participate in individual counseling to address
child protection, domestic violence, and other case issues.
The court set the matter for a six-month review hearing on
May 17, 2021.
In
preparation of the six-month review hearing, the Department
prepared a status review report. According to the report
mother notified the Department after the disposition hearing
that she was receiving individual counseling services from
Robert Howard. Because mother failed to complete a release of
information, the Department initially struggled to contact
Howard. Once in contact with the Department, Howard stated he
met with mother three times between August and December 2020.
Further, he had informed mother he did not provide
traditional individual counseling and would not complete
progress reports for the court. Moreover, he had told mother
his focus was on stress management and minor anxiety; he
therefore could not address mother's case issues
regarding child safety. The Department advised mother to seek
individual counseling elsewhere and provided her a list of
approved service providers.
Three
months later, in mid-March 2021, Mother met with Dany Man for
an intake meeting and one individual...
