D.E.-S. v. Superior Court CA1/1

── D.E.-S. v. Superior Court CA1/1 ── Court: California Court of Appeal Date: May 19, 2026 Category: General Filed 5/19/26 D.E.-S. v. Superior Court CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION ONE D.E.-S., Petitioner, v. THE SUPERIOR COURT OF THE A175680 CITY AND COUNTY OF SAN FRANCISCO, (San Francisco City & County Super. Ct. No. JD24-3200) Respondent; SAN FRANCISCO HUMAN SERVICES AGENCY, Real Party in Interest. D.E.-S. (mother) petitions for extraordinary relief from a juvenile court order at the 12-month review hearing terminating reunification services and setting a permanency plan hearing (Welf. & Inst. Code,1 § 366.26) for J.E-S. (minor), her now-20-month-old son. She challenges the sufficiency of the evidence supporting the court’s finding that minor could not be returned to her custody by the 18-month date. We deny mother’s petition. 1 Undesignated statutory references are to the Welfare and Institutions Code. 1  I. BACKGROUND A. Detention, Jurisdiction, and Disposition Mother had psychotic episodes when she was pregnant with minor, and it was reported that she used methamphetamine at the beginning of her pregnancy. During minor’s delivery in August 2024, mother got on psychotropic medication as prescribed by Dr. Jennifer Annunziata (Dr. Jen), her psychiatrist at Team Lily. Mother moved with minor into Jelani House, where she stabilized for a period. But she stopped taking her medication in October 2024 and became increasingly paranoid, especially after minor fell off the bed. Mother took minor to the hospital twice, ultrasounds were performed, and the doctors informed mother that minor was fine. During one of these visits, mother told the doctor someone had “ ‘zapped’ ” minor in retaliation against her. After this, mother started experiencing spiraling delusions and remained fixated on minor’s wellbeing. On November 7, 2024, when minor was two months old, he was detained by the San Francisco Human Services Agency (Agency) based on a referral of general neglect by mother.2 Despite having been prescribed a new medication, mother had said minor was “ ‘brain dead’ ” and was “ ‘going to die,’ ” and it was reported she had been subtly shaking him and yelling his name to get him to respond, despite him appearing fine. He was taken into protective custody and placed in foster care. Mother was placed on a grave disability hold but released after a few hours. The Agency filed a petition pursuant to section 300, subdivision (b)(1), on behalf of minor. The petition alleged mother had mental health and 2 This was the second referral. On September 26, 2024, the Agency received the first referral alleging general neglect by mother. A safety plan was put in place and, at some point, mother entered Jelani House. 2 substance abuse issues requiring further assessment and treatment.3 At the detention hearing, the juvenile court detained minor, approved his foster care placement, and set a jurisdiction and disposition hearing for January 2025. Following the detention hearing, mother continued to be treated by Dr. Jen, who had not yet reached a diagnosis. She stated mother’s symptoms aligned with a thought disorder, explaining mother focused on “ideas or thoughts that are not ‘reality based.’ ”