A mother with a history of substance abuse lost her appeal challenging San Bernardino Superior Court’s termination of reunification between her and her daughter.
The mother had alleged San Bernardino County Children and Family Services did not provide her with reasonable services to treat her issues, in violation of the department’s duties.
The Court of Appeal found that her arguments lacked merit, because she participated in programs, and that the case record indicated she was offered programs through a social worker.
The unpublished opinion laid out the facts:
The mother had lost custody of her child in 2020, for failure to protect, and no provision for support. The CFS claimed at the time that the mother had a history of substance abuse and domestic violence and was incarcerated, and that the father’s location was unknown.
The court ordered the child to be returned to the mother’s jurisdiction the same year, after she began participating in a case plan involving counseling, classes, education and substance abuse services.
A social worker filed a petition in October, 2020, alleging the mother drunkenly hit the child.
In November, 2020, the court ordered reunification services with the mother.
In a November, 2021, 12-month status report, the social worker claimed the mother’s treatments were not working, and that the reunification services should be terminated. The court agreed May 12.
Case information
San Bernardino Superior Judge Annemarie Pace presided.
David Wohl represented the mother.
County Counsel Tom Bunton and Deputy County Counsel David Guardado represented San Bernardino County Children and Family Services.
Fourth District Court of Appeal, Division Two, Associate Justice Richard Fields wrote the opinion, which Presiding Justice Manuel Ramirez and Associate Justice Douglas Miller joined.
San Bernardino Superior Court case number J285609.
Appellate court number E079013.
Read the ruling here.
