In re J.M.

50 Cal. App. 5th 833 (2020)

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In re J.M.

California Court of Appeal
50 Cal. App. 5th 833 (2020)

Facts

The Los Angeles County Department of Children and Family Services (DCFS) (plaintiff) initiated a dependency proceeding, seeking to remove infant J.M. from the home of his mother, Y.C. (defendant), and father based on neglect stemming from domestic violence between the parents. The juvenile court removed J.M., placing him in foster care. Y.C. was granted visitation and reunification services, including counseling, domestic-violence classes, and parenting classes. After Y.C. moved out of the father’s house, the court ordered a 29-day visit with J.M in Y.C.’s home. However, that visit ended when DCFS informed the court that Y.C.’s housing violated zoning laws and that Y.C. had stopped participating in domestic-violence therapy. J.M. returned to his foster caregivers, but the court ordered ongoing reunification services for six months. During that period, Y.C. continued visits with J.M., completed all required classes and counseling, and obtained a new job. She also voluntarily took anger-management classes. However, she violated court orders by having contact with the father, failing to obtain a mental-health evaluation, and continuing to live in illegal housing. The juvenile court terminated reunification services but stated that it would consider reinstating them if Y.C. found proper housing, stopped contact with the father, and complied with all other court orders. Three months later, Y.C. petitioned to regain custody of J.M. or obtain further reunification services because she had complied with the court’s requirements. However, the court denied the petition, primarily because it concluded that Y.C. lacked special training to care for J.M.’s special needs, as he had since been diagnosed with autism and developmental issues. The court later entered an order terminating Y.C.’s parental rights. Y.C. appealed both decisions.

Rule of Law

Issue

Holding and Reasoning (Rothschild, J.)

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