The juvenile court declared one-year-old H.C. a dependent after police found him and his presumed mother, Catrina C., in a stolen car in a convenience store parking lot; Catrina had drugs in her pockets. The court terminated Catrina's reunification services at the 18-month status review hearing, kept H.C. in a placement with Catrina's sister (Aunt), and set a permanency planning hearing under Welfare and Institutions Code section 366.26.1 A few months later, Catrina filed a petition under section 3882 requesting that the court modify this order by placing H.C. with Catrina at her residential treatment facility or, in the alternative, by reinstating her reunification services. Following an evidentiary hearing, the juvenile court denied Catrina's petition and placed H.C. in a guardianship with Aunt. Catrina contends the juvenile court erred in denying her petition. We affirm.
Catrina is a member of the Santa Ysabel Band of Mission Indians (Santa Ysabel). She has an extensive criminal history for possessing, manufacturing, and selling drugs and weapons; being under the influence of a controlled substance; grand theft; receiving stolen property; and domestic violence. She raised two sons before H.C., both of whomare now adults and who were described as fine young men who were never involved in drugs or criminal activity.
While Catrina was incarcerated in a women's prison, she met Kim M., who is a member of the San Pasqual Band of Mission Indians (San Pasqual).3 They had a romantic relationship, but never married or filed for domestic partnership. They lived on the Santa Ysabel reservation.
Kim gave birth to H.C. in 2013. Catrina was present for H.C.'s birth and is listed on his birth certificate.4 H.C. is automatically a member of San Pasqual by virtue of his lineage through Kim, and Catrina began the process of enrolling him in Santa Ysabel.
On September 24, 2014, the Los Angeles County Department of Children and Family Services (the L.A. Department) received a referral alleging emotional abuse of H.C. by Catrina. Police in Los Angeles County responded after Catrina was seen sleeping in a stolen car in a convenience store parking lot while one-year-old H.C. was in the backseat. Catrina did not appear to be under the influence of alcohol or drugs, but police found in her pockets nearly one gram of methamphetamine and several prescription narcotic pills for which she did not have prescriptions. Catrina was arrested and H.C. was detained in foster care.
On September 29, the L.A. Department filed a petition on behalf of H.C. alleging he was at risk of serious physical harm under section 300, subdivision (b) due to Kim leaving H.C. with Catrina, who possessed methamphetamine and prescription medications within H.C.'s access.
The L.A. Department's detention report stated that a social worker with Santa Ysabel was concerned about Kim's and Catrina's ability to care for H.C. because they were engaged in domestic violence and abused drugs. Aunt also expressed concern. She believed Catrina needed to resolve issues with her parole and enter a drug treatment program. Aunt observed that Catrina was bonded to H.C. and loved him as her son. Aunt was willing to care for H.C. and be considered for placement.
A social worker with the L.A. Department interviewed Catrina in jail the day after her arrest. Catrina identified herself as H.C.'s mother. She admitted she " 'started using [drugs] recently' " and was " 'trying to start a program.' " She claimed she had been " 'sober for a long time,' " but had " 'just started again.' " Catrina stated she was on probation and parole, and acknowledged she had an outstanding warrant in San Diego County for failing to participate in required services and for failing to appear in court.
As of the September 29 detention hearing, Catrina was still incarcerated. The juvenile court in Los Angeles County found that the Indian Child Welfare Act (ICWA) likely applied to H.C. and ordered him detained in out-of-home care. The court further ordered that Catrina "be provided with services to an incarcerated person" and that the L.A. Department "investigate whether [she] can have monitored visits at her place of incarceration." (Capitalization omitted.)
H.C. was placed with Aunt in her tribally approved foster home on the Santa Ysabel reservation. Catrina and Kim approved of the placement.
According to the L.A. Department's jurisdiction/disposition report, Catrina was convicted of grand theft and sentenced to two years in county jail. In an interview with a social worker, Catrina acknowledged engaging in domestic violence in prior relationships, with her usually being the perpetrator. The L.A. Department filed an amended petition adding allegations regarding domestic violence between Catrina and Kim.
Catrina also discussed her history of drug abuse. She first used marijuana and methamphetamine about 24 years earlier, when she was 17. She used heavily for one to two years, then stopped when she gave birth to her two older sons. She used methamphetamine again in her 20's, but was able to achieve five years of sobriety after completing a treatment program. She relapsed into methamphetamine use in July 2014 and used on a daily basis for a month. She admitted using three days before her arrest on September 24.
Catrina engaged in services while incarcerated. She was enrolled in an education-based program and a life skills program. She also completed a one-month parenting class and enrolled in classes addressing domestic violence and drug education. Catrina told the social worker she would like to enter an inpatient substance abuse treatment program where H.C. could live with her.
A San Pasqual representative advised the court by letter that the tribe recognized H.C. as a tribal member and requested that the court consider the tribe's position when making decisions pertaining to H.C. Representatives of Santa Ysabel and San Pasqual requested that the court transfer the dependency case to San Diego County because the mothers, tribes, family support, and case history are all based there.
At the January 13, 2015 jurisdiction/disposition hearing, the Los Angeles County juvenile court found Catrina to be H.C.'s presumed mother. After striking certain allegations from the amended petition, the court sustained those relating to (1) Catrina's possession of prescription medications within H.C.'s reach, and (2) the mothers' history of domestic violence. After finding there was clear and convincing evidence that active (though unsuccessful) efforts were made to provide culturally appropriate services and rehabilitative programs to prevent the breakup of an Indian family, the court removed H.C. from the mothers' custody. The court ordered that the mothers receive reunification services for substance abuse, domestic violence, and parenting skills. The court granted visitation, subject to approval from Catrina's place of incarceration.
The court later transferred the dependency case to the juvenile court in San Diego County, which found ICWA applied to H.C.
In connection with the six-month status review, the San Diego County Health and Human Services Agency (Agency) reported that H.C. remained placed with Aunt, where he was "doing well and appears bonded to his caregiver."
Catrina remained incarcerated in Los Angeles County, with a projected release date of July 20, 2015. However, she advised the Agency of an outstanding arrest warrant in San Diego County. Catrina completed numerous classes in jail, including some regarding domestic violence, parenting skills, anger management, and drug education. H.C. visited with Catrina weekly by phone, and once through a glass partition. H.C. recognized Catrina's voice and called her " 'momma' " during phone calls.
At the July 28 review hearing, the court continued reunification services for Catrina.
Following her release from custody in Los Angeles County, Catrina was transferred to San Diego County jail to serve an additional pending sentence. She was released in early August. In early September, she was rearrested to serve an additional week in custody, then released with orders to remain compliant with her parole conditions.
Catrina had a residence on the Santa Ysabel reservation. She enrolled in a welding training program, and participated in therapy and a substance abuse program at the Indian Health Center. She tested negative for drugs between August and November 2015.
H.C. remained in placement with Aunt, where he was doing well and remained bonded to her. Catrina had three supervised visits per week with him, and helped bathe and prepare him for bed in the evenings.
At the November 24 status review hearing, the court continued Catrina's reunification services.
