In re N.O.

Respondent San Diego County Health and Human Services Agency (Agency) did not oppose termination of the dependency of N.O., rather, the Agency recommended it. N.O.'s counsel opposed termination of dependency jurisdiction over the objection of N.O.'s parents. Mexico declined to exercise jurisdiction over Minor, who was detained in California when Minor's mother A.R. (Mother) was arrested at the international border for transporting a large amount of marijuana. Minor was ultimately placed by a California juvenile court with maternal grandmother in Mexico. A few months after her arrest, Mother was released from custody and returned to Mexico, where she participated in services through the agency Desarrollo Integral de la Familia (DIF), which services were ordered and overseen by the juvenile court and Agency. Because Mother made substantial progress in services under her Agency care plan, Minor was returned to Mother's care. After a domestic violence (DV) incident between Mother and Minor's father S.G. (Father) in late December 2016 came to light in February 2017, Agency recommended Mother receive DV services, which were to be administered through DIF because Mother could no longer cross the border into the United States. When the court terminated jurisdiction in May 2018 it was unclear whether Mother had participated in such DV services. However, perhaps more important for purposes of this appeal, it also was unclear whether DIF had offered Mother such services, or believed they were even necessary. After multiple continuances of the section 364 review hearing, the juvenile court on March 8, 2018, granted Minor's counsel one last continuance, noting that it was "comfortable" closing the case based on the information then available to it and that it did not appear additional information regarding Minor would be forthcoming from DIF. On appeal, Minor contends the juvenile court's finding that conditions no longer existed in May 2018 that would justify the initial assumption of dependency over Minor in August 2015 was not supported by substantial evidence; that the court abused its discretion in not continuing the family maintenance review hearing until Minor was found and assessed; and that the juvenile court violated Minor's statutory right to counsel. The Court of Appeal determined Minor did not meet her burden of showing conditions still existed to justify the Agency's jurisdiction over her, and affirmed termination. View "In re N.O." on Justia Law