Opinion
A104082.
11-13-2003
M. C., Petitioner, v. THE SUPERIOR COURT OF LAKE COUNTY, Respondent; LAKE COUNTY DEPARTMENT OF SOCIAL SERVICES, Real Party in Interest.
M. C., the mother of Faith, age 4, and Rick, age 1, petitions this court, following the juvenile courts order setting a permanent plan hearing pursuant to Welfare and Institutions Code section 366.26. Her petition seeks an order that reunification services be continued, that visitation be ordered and that her children be returned to her. She has failed to cite to any legal authority to support her request nor has she made any reference to the record. (See Cal. Rules of Court, rule 39.1B(j) [petition shall be accompanied by "applicable points and authorities"]; Joyce G. v. Superior Court (1995) 38 Cal.App.4th 1501, 1511-1512 [failure to tender and substantively address a specific material issue excuses court from reviewing petition on the merits].) Although the petition is inadequate, we have nonetheless reviewed the record and determined that the petition for an extraordinary writ must be denied.
All further statutory references are to the Welfare and Institutions Code.
I. FACTUAL BACKGROUND
The Lake County Department of Social Services (the Department) filed a section 300 petition on February 10, 2003, alleging that mother and Rick C., the father of the children, had failed to provide their children with adequate food, clothing, shelter and medical treatment and that parents continued to test positive for substance abuse. The petition further alleged that detention of the children was necessary because parents failed to participate in services to address their drug addiction and had not addressed the issues of lack of safety in their home. The children were detained and placed in foster care.
The jurisdictional hearing was held on March 3, 2003. Father failed to appear. The court sustained the allegations of the petition. At the dispositional hearing, the court declared the children as dependents of the court and ordered reunification services for parents. Reunification services included counseling, parenting classes, and substance abuse treatment for parents methamphetamine addiction.
The Department reported on March 13, 2003, that father was then in jail.
The six-month review hearing was held on September 15, 2003. The Department reported that parents consistently tested positive for methamphetamines. Father was diagnosed with a mental illness and was reportedly enrolled in a drug rehabilitation program. The program, however, did not drug test its participants or offer parenting classes. The Department was unable to verify whether the program was in compliance with the reunification plan. Mother had not participated regularly in outpatient substance abuse treatment and had not completed a parenting class. Although she attended almost all of her scheduled visits with her children, she was consistently under the influence of methamphetamines during the visits. The Department recommended that reunification services be terminated.
At the hearing, mother requested that the children be placed with her former legal guardian. Father requested additional reunification services. He testified that he was currently in an eight-month program at the Mountain of Mercy Mission Farm, a Christian based program in which participants attend over five hours of bible classes per day. The court found by a preponderance of the evidence that return of the children to parents would create a substantial risk of detriment. The court terminated reunification services and set a section 366.26 hearing for January 12, 2004. Mother timely filed a petition for review of the courts order. Father did not file a writ petition.
II. DISCUSSION
We have examined the petition and the record. The record contains substantial evidence that mother failed to satisfy the requirements of the reunification plan. While her petition seeks a continuance of reunification services, she did not make this request below but asked the court to place the children with her former legal guardian. We are satisfied that the juvenile court properly concluded that reunification services should be terminated and that the court should set a date for a permanency planning hearing for the children.
III. DISPOSITION
The petition for an extraordinary writ is denied on the merits. (§ 366.26., subd. (l); Cal. Rules of Court, rule 39.1A(b)(2).) Our decision is final in this court immediately. (Cal. Rules of Court, rule 24(b)(3).)
We concur: KAY, P.J., REARDON, J.