In re M.M. CA4/1

Filed 2/19/25 In re M.M. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re M.M. et al., Persons Coming Under the Juvenile Court Law. D084922 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520901A-B)

Plaintiff and Respondent,

v.

K.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Michael P. Pulos, Judge. Affirmed.

Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, Kristen M. Ojeil, Deputy County Counsel, for Plaintiff and Respondent.

K.M. (Mother)1 appeals from the juvenile court’s order terminating her parental rights to M.M., and J.M. (together, the children). (Welf. & Inst.

Code, § 366.26.)2 Mother’s sole contention on appeal is that reversal is necessary to comply with the requirements of the Indian Child Welfare Act (ICWA). We reject Mother’s sole contention and affirm the juvenile court’s order. FACTUAL AND PROCEDURAL BACKGROUND On November 5, 2021, the San Diego County Health and Human Services Agency (the Agency) filed a petition alleging that M.M. met the requirements of section 300, subdivision (b). The Agency filed the petition after Mother and M.M. tested positive for methamphetamine, amphetamine, and a marijuana metabolite following M.M.’s birth. Prior to M.M.’s birth, the Agency received a referral―the seventh concerning Mother’s children― related to Mother’s drug use or abuse, but attempts to contact Mother were unsuccessful. Both Mother and Father had extensive criminal records related to illicit substances. Consistent with that history, Mother has a history of abusing methamphetamines and admitted to marijuana usage during her pregnancy. She offered that she may have tested positive for methamphetamine as a result of consuming over the counter cold medicine or the medication she received during her c-section. Hospital staff refuted the explanation that the medication they provided would cause her to test positive for methamphetamine.