In re Bethany W. CA4/3

Filed 10/24/13 In re Bethany W. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re BETHANY W., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G048417 Plaintiff and Respondent, (Super. Ct. No. DP021366) v. OPINION S.S.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Deborah C. Servino, Judge. Affirmed. Lauren K. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor. * * *

The juvenile court found by clear and convincing evidence the benefit exception did not apply, terminated parental rights and ordered adoption for Bethany W. We affirm. I FACTS Bethany was four years old in May 2011 when she was found by Orange County Social Services Agency (SSA) living with her mother in a living environment where the mother urinated and defecated on the floor in the bedroom that she and the child shared. The mother had a diagnosis of major depression. The social worker’s report states: “The carpeted floor is saturated and wet with urine and there were four to five areas encrusted with human feces. The bedroom has a very strong odor of human urine and feces. The mother prepares food and she and child eat in the same bedroom.” Bethany told the social worker her mother had taught her to urinate on the floor. The whereabouts of Bethany’s father were unknown. He was believed to be homeless. By July 2011, SSA had exhausted all available leads, but was not able to locate him. The juvenile court removed Bethany from the home after finding there was substantial danger to her physical and emotional health, and declared her a dependent of the juvenile court under Welfare and Institutions Code section 360, subdivision (d). (All further statutory references are to the Welfare and Institutions Code.) At first, she was detained at an emergency shelter, and later with foster parents. Reunification services for and visitation with the mother were ordered. On April 22, 2013, the juvenile court conducted a hearing pursuant to section 366.26. Bethany was reported to say she wanted to live with her “mom,” referring to her prospective adoptive parent. At one point, when she was asked to draw a picture of her family; she drew a picture of herself with her two prospective adoptive parents and their son.