In re N.M. CA2/6

California Court of Appeal Oct 13, 2025 No. B344923Unpublished

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Holding. The court affirmed the termination of parental rights, holding that the mother failed to establish the parental-benefit exception because she did not demonstrate that the children had a substantial, positive, emotional attachment to her.

Issues

Did the juvenile court err in finding the parental-benefit exception inapplicable?
Did the juvenile court improperly consider substance abuse and post-adoption contact in its analysis of the parental-benefit exception?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Substantial evidence supports the juvenile court’s finding that Mother did not establish that the children’s relationship with her was sufficient to support the exception.”

“The juvenile court properly found Mother’s conclusory evidence of a bond with her children was insufficient to establish that children had a substantial, positive, emotional attachment to Mother.”

Filed 10/13/25 In re N.M. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re N.M. et al., Persons 2d Juv. No. B344923 Coming Under the Juvenile (Super. Ct. No. 23JD-00069) Court Law. (San Luis Obispo County) _____________________________

SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES,

Respondent,

R.J.,

Appellant.

R.J. (Mother) appeals the juvenile court’s order terminating her parental rights as to N.M. and A.M. (Welf. & Inst. Code

§ 366.26.)1 She contends the juvenile court erroneously found the parental-benefit exception inapplicable. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND In March 2023, N.M. and A.M., who were 20-months and 10-months-old, were removed from Mother’s custody. San Luis Obispo Department of Social Services (DSS) filed a juvenile dependency petition pursuant to section 300, subdivisions (b) and (j) as to both children. The petition alleged the children had suffered or were at substantial risk of suffering serious harm due to the parents’ failure or inability to supervise or protect them adequately, and the parents’ inability to provide regular care for the children due to mental illness or substance abuse. The juvenile court sustained the petition, ordered the children removed from parental custody and that the parents receive family reunification services. At the six-month review, the court terminated Father’s2 reunification services and continued services for Mother and authorized a 30-day trial visit with her. At the 12-month review hearing the court found good cause under section 352 to continue the hearing because Mother’s trial visit with the children had been suspended after seven days. At the continued 12-month review the court terminated reunification services and scheduled a section 366.26 selection and implementation hearing.

In re N.M. CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES,

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