In re D.F. CA4/3

Filed 11/4/13 In re D.F. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.F., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G048201 Plaintiff and Respondent, (Super. Ct. No. DP022908) v. OPINION R.F., et al.

Defendants and Appellants.

Appeal from an order of the Superior Court of Orange County, Deborah C. Servino, Judge. Affirmed. Mitchell Keiter, under appointment by the Court of Appeal, for Defendant and Appellant R.F. William D. Caldwell, under appointment by the Court of Appeal, for Defendant and Appellant M.R. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Julie J. Agin, Deputy County Counsel, for Plaintiff and Respondent.

R.F. (Father), and M.R. (Mother), appeal from the order made at the Welfare and Institutions Code section 366.26 hearing (hereafter the .26 hearing)1 terminating their parental rights to their son, D.F. They contend there is insufficient evidence to support the adoptability finding. We reject their contentions and affirm the order. FACTS Detention D.F. was placed in protective custody immediately following his birth on August 12, 2012. Mother had a history of mental illness and both Mother and Father had histories of unresolved substance abuse, domestic violence, anger management problems, and extensive criminal records. Parental rights to another child had already been terminated after they failed to complete their service plan. Father was incarcerated when D.F. was born. Mother used controlled substances during her pregnancy with D.F., and he was born with a positive toxicology screen. D.F. was born with a condition, called gastroschisis, where his intestines protruded outside his body due to a defect in the umbilical cord. The condition was diagnosed early in Mother’s pregnancy, and right after D.F.’s birth, emergency surgery was performed on him. A second surgery was to be performed in a few weeks. D.F. was going to remain hospitalized for about one month. D.F. was otherwise born healthy with an Apgar score of eight or nine. A petition was filed alleging dependency jurisdiction under section 300, subdivision (b) [failure to protect] and subdivision (j) [abuse of sibling].