In re T.J. CA3

Filed 11/13/13 In re T.J. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

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

SHASTA COUNTY HEALTH AND HUMAN C073876 SERVICES AGENCY, (Super. Ct. Nos. Plaintiff and Respondent, 09JVSQ2796601, 09JVSQ2796701, v. 09JVSQ2796801)

M. J.,

Defendant and Appellant.

M. J., the mother of the minors T. J., A. J., and D. J., appeals from the juvenile court’s orders terminating parental rights as to D. J. and denying mother’s petition to modify the visitation order. (Welf. & Inst. Code,1 §§ 395, 388, 366.26.) She contends there is insufficient evidence to support the juvenile court’s finding that D. J. was adoptable. We affirm.

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

1

BACKGROUND In March 2009, the minors T. J. (born June 2001), A. J. (born April 2003), and D. J. (born February 2006) lived with mother and father. Following reports of the parents engaging in domestic violence and father’s arrest for threatening to shoot mother, the Shasta County Health and Human Services Agency (agency) filed a dependency petition (§ 300) in April 2009, alleging the most recent domestic violence, the parents’ history of domestic violence, the parents’ mental health and substance abuse problems, and their history of referrals and voluntary services. The minors were detained and placed in foster care in April 2009. The May 2009 jurisdiction/disposition report indicated father was convicted and placed on probation for spousal abuse. The minors were together with a foster family and doing well. The minors spoke to them about the parents, but the foster parents were not sure how much of what they said was true. A. J. reported smoking marijuana with his mom and another person, and T. J. spoke of a “ ‘brother who is in the cemetery.’ ” When asked about the statements, T. J. said, “ ‘sometimes we tell true stories and sometimes we don’t.’ ” The juvenile court sustained the petitions and ordered reunification services in May 2009. The July 2009 report recommended moving T. J. to a separate foster home after the foster parents reported inappropriate sexual behavior between T. J. and her brothers. T. J. would not stay in her room at night and would try to touch A. J. and D. J. inappropriately while they slept. The minors showed problems when visiting the parents; A. J. defecated in a closet after a visit and D. J. urinated in a closet after a visit. The foster parents sometimes had to bribe the minors to visit. The minors have said they did not want the visits and cried and screamed before them. Even though the visits were supervised, mother still behaved inappropriately, such as by discussing the dependency case with the minors and talking