M.M. v. Superior Court CA4/3


Filed 10/20/21 M.M. v. Superior Court CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE M.M., Petitioner, G060484 v. (Super. Ct. No. 19DP1029, 19DP1030) THE SUPERIOR COURT OF ORANGE COUNTY, OPINION Respondent; ORANGE COUNTY SOCIAL SERVICES AGENCY et al., Real Parties in Interest. Original proceedings; petition for a writ of mandate/prohibition to challenge an order of the Superior Court of Orange County, Jeremy D. Dolnick, Judge. Denied. Donna P. Chirco, under appointment by the Court of Appeal, for Petitioner. No appearance for Respondent. Leon J. Page, County Counsel, and Karen L. Christensen, Deputy County Counsel, for Real Party in Interest, Orange County Social Services Agency. No appearance for Real Parties in Interest, the Minors. * * * In this petition, the father, M.M., contends the evidence was insufficient to support the juvenile court’s orders denying the return of minors his daughters to his care, terminating his reunification services, and setting the case for a Welfare and Institutions Code section 366.26 hearing. As discussed below, we deny the petition. I FACTUAL AND PROCEDURAL HISTORY A. Removal of the Minors On August 26, 2019, SSA sought a protective custody warrant for the minors, requesting removal of the children due to Mother’s ongoing and unresolved mental health issues and domestic violence issues and Father’s continuing relationship with Mother despite being assaulted. Mother had threatened Father in front of the children and stabbed a kitchen table with a knife, and on August 12, 2019, after a safety plan had been developed for the parents, she had slapped Father twice in the presence of two children and later punched him. The juvenile court granted the application, finding continuing in the home would be contrary to the children’s welfare. On August 28, 2019, SSA filed a petition alleging the minors came within Welfare & Institutions Code section 3000, subdivision (b)(1), due to the parents exposing 1 them to domestic violence. The parents later submitted on, and the juvenile court sustained, the amended petition. The parents stipulated they exposed the children to domestic violence, Mother had been arrested for battery on the father, and Father had a criminal history of disorderly conduct and inflicting corporal injury on a spouse. At the detention hearing, the juvenile court found it was an immediate and urgent necessity that the minors be detained from the care of parents. It granted the 1 All further statutory references are to the Welfare & Institutions Code, unless stated otherwise. 2 parents eight hours a week, supervised visitation, and ordered SSA to provide reunification services. As part of Father’s case plan, he completed a parenting class in November 2019. On December 4, 2019, Father’s counsel informed …

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