In Re Anthony W.

104 Cal.Rptr.2d 422 (2001) 87 Cal.App.4th 246 In re ANTHONY W. et al., Persons Coming Under the Juvenile Court Law.

Los Angeles County Department of Children and Family Services, Plaintiff and Respondent,

v.

Lilark W., Defendant and Appellant.

No. B140168. Court of Appeal, Second District, Division Three.

January 26, 2001. Craig E. Arthur, under appointment by the Court of Appeal, for Appellant.

Lloyd W. Pellman, County Counsel, and Sharon Webster, Deputy County Counsel, for Respondent.

ALDRICH, J.

INTRODUCTION

Lilark W., mother of six-year-old Anthony W., four-year-old Aireal L. and two-year-old Jonathan L., appeals from the [423] order of the juvenile court denying her motion under Welfare and Institutions Code section 388[1] for a modification of an earlier order terminating reunification services. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Mother was a dependent of the juvenile court at the time she gave birth to Anthony in 1994. Anthony became a dependent of the court upon an amended petition alleging mother's minority and lack of ability and resources to care for the child. That petition was dismissed on April 17, 1995. (§ 390.)

On June 5, 1998, the Department of Children and Family Services (the department) filed a new petition naming Anthony and the two additional children born to mother, Aireal and Jonathan. This petition alleged Jonathan had been born in May 1998, with a positive toxicology screen for cocaine, and mother's drug use rendered her incapable of caring for the children. (§ 300, subds.(b), (c), and (i).) Mother's whereabouts were unknown. Mother had admitted using cocaine during her pregnancies and had no stable residence. The maternal grandmother explained that mother had a lengthy problem with drugs and refused help. The court placed Aireal and Jonathan with their paternal aunt, ordered Anthony into shelter care, and ordered reunification services.