In re J.C. CA3

Filed 10/10/13 In re J.C. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento)

In re J.C. et al., Persons Coming Under the Juvenile Court Law.

SACRAMENTO COUNTY DEPARTMENT OF C073249 HEALTH AND HUMAN SERVICES, (Super. Ct. Nos. Plaintiff and Respondent, JD231434 & JD231435)

v.

F.H.,

Defendant and Appellant.

Appellant F.H., the mother of the minors J.C. and D.C., appeals from the juvenile court’s orders terminating her parental rights. (Welf. & Inst. Code, §§ 395, 366.26.)1 She contends the juvenile court erred in failing to find the beneficial parent/child relationship exception to adoption. We affirm.

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

BACKGROUND In March 2011, one-month-old J.C., 15-month-old D.C., and their half sister, 13- year-old S.S., were placed in protective custody by the Sacramento County Department of Health and Human Services (DHHS) following mother’s arrest for domestic violence against the minors’ father. DHHS filed a dependency petition alleging the domestic violence incident, father’s history of substance abuse, and S.S. was previously declared a dependent child based on mother’s domestic violence with father. The juvenile court detained the minors in April 2011. The May 2011 jurisdiction/disposition report related the parents’ history of domestic violence in front of the children. The incident leading to the petition involved mother scratching, tackling, punching, and wrestling with father. Father used alcohol and marijuana to the point of intoxication every night, and was a registered drug offender. Mother denied fighting with father, saying, “ ‘I don’t beat men up.’ ” S.S. was diagnosed with mental retardation. She told a social worker mother was clever, knowing that since S.S. is dark skinned, she can strangle her without leaving bruising or marks. S.S. was afraid of mother and believed she would be punished for the DHHS intervention when she returned home. J.C. and D.C. were placed with the paternal grandfather and stepgrandmother (grandparents), with whom they resided since detention. The grandparents reported J.C. was doing well but seemed “flat,” neither smiling nor making sounds. At first, D.C. would sit down and not move for a significant time, would not come when asked, and would not smile. She was now smiling and not as flat as she was initially. DHHS filed an amended petition in June 2011 adding an allegation that mother had hit, choked, and pushed S.S. The juvenile court sustained the amended petition and ordered reunification services for the parents later that month. The November 2011 report found J.C. was not meeting developmental milestones regarding her motor skills. D.C. was meeting her milestones and had overcome a