LAURA B. v. Superior Court

Opinion

BEDSWORTH, J.

Laura B. seeks extraordinary relief from orders of the Orange County Juvenile Court denying reunification services and scheduling

[778]

a Welfare and Institutions Code

1

section 366.26 permanency hearing for her daughter, Alicia B. She contends the court abused its discretion when it declined to order reunification services pursuant to section 361.5, subdivision (b)(12) based on her history of failed substance abuse rehabilitation. Her argument is that there was insufficient evidence she resisted available treatment programs in the three years immediately preceding the filing of the dependency petition. Having reviewed her petition on the merits, we deny relief. (Cal. Rules of Court, rule 39.IB.)

Alicia was bom in May 1998 in the ambulance transporting her and her mother to the hospital for delivery. Tests showed she had been exposed to cocaine in útero, and Laura refused to undergo a drug test at the hospital.

Laura has three other children: Timothy P. (bom in November 1985), Bradley W. (bom in December 1989), and Jeffrey W. (bom in April 1991). All three boys are in their maternal grandmother’s custody under a voluntary guardianship. Bradley was also bom addicted to cocaine and was declared a dependent child of the Orange County Juvenile Court. Prior to consenting to the guardianship, Laura successfully reunified with Bradley in 1990.

At the time of the adjudication hearing in this case, Laura was 34 years old and admitted an 18-year drug habit. She has participated in numerous rehabilitation programs, completing two 30-day residential programs, and a longer program when she reunified with Bradley. Twice she has failed to complete year-long programs. She most recently attended a program in 1994, which she did not complete. She did, however, continue attending Alcoholics Anonymous and Narcotics Anonymous meetings until about a year before Alicia was bom. She quit because she began using drugs again. During the first two months of her pregnancy, she used cocaine at least twice a week. After learning she was pregnant, she cut down to using every other week.