In re A.D. CA5

Filed 8/27/13 In re A.D. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re A.D., a Person Coming Under the Juvenile Court Law.

KINGS COUNTY HUMAN SERVICES F066743 AGENCY, (Super. Ct. No. 07JD0070) Plaintiff and Respondent, v. OPINION KIMBERLY S., Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Kings County. Robert S. Burns, Judge. Monica Vogelmann, under appointment by the Court of Appeal, for Defendant and Appellant. Colleen Carlson, County Counsel, and Carrie Woolley, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J., and Detjen, J.

Kimberly S. appeals from an order terminating parental rights (Welf. & Inst. Code, § 366.26)1 to her four-year-old daughter A.D. Kimberly contends she established termination would be detrimental to A.D. because of their parent-child relationship (§ 366.26, subd. (c)(1)(B)(i)). We disagree and affirm. PROCEDURAL AND FACTUAL SUMMARY Kimberly has six children, ranging in age from 2 to 19 years. She also has a long history of methamphetamine use, resulting in the loss of her children. Her four oldest children were placed with their maternal grandmother under a permanent plan of guardianship in 2009 after Kimberly failed to reunify with them. In 2010, the juvenile court terminated the guardianship after the maternal grandmother was convicted on a criminal charge. The juvenile court reinstated dependency of the children and ordered family maintenance for Kimberly. In the interim, Kimberly gave birth to two daughters, A.D., the subject of this appeal, and Samantha. These proceedings were initiated in May 2011 after Kimberly left the children home alone at approximately 2:30 p.m. The oldest child present was Kimberly’s then 13- year-old son, Phillip. At approximately 7:30 p.m., the children were discovered at a park. A passerby caught then seven-month-old Samantha as she was about to fall from a bench. When Kimberly was located, she was arrested for child endangerment, being under the influence of methamphetamine, and possession of stolen property. The Kings County Human Services Agency (agency) took the children into protective custody. Then two-year-old A.D. and Samantha were placed together in a foster home. The agency also filed a dependency petition alleging Kimberly’s chronic drug abuse placed the children at a substantial risk of harm.