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Name: In re K.S.
Case #: H042339
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/27/2016
Summary

Where minor sustained emotional damage and mother was unable to provide appropriate mental health treatment, jurisdiction was warranted. The minor was removed from an abusive home at the age of four, and adopted by Andrea S. (mother). The minor had special needs, including reactive attachment disorder, ADHD, PTSD, and learning disabilities, which qualified her for financial assistance through the state. Mother did not secure specialized therapy for the minor’s reactive attachment disorder. At age 14, the minor ran away, carried knives to school, and was a suspect in a burglary. She threatened to kill herself, and her therapist believed she was a danger to herself or others. Mother refused custody of the minor because she could not ensure her safety. The minor was placed in foster care. The Agency filed a 300(c) and (g) petition which was sustained by the juvenile court. On appeal, mother argued that the court’s jurisdiction finding was not supported by substantial evidence. The appellate court rejected the argument and affirmed. Mother’s decisions regarding the minor’s mental health care, and her disregard for the mental health professionals who had been treating the minor, supported jurisdiction. The court also rejected mother’s argument that the Agency failed to make reasonable efforts to avoid the minor’s removal.