In re Octavio I. CA2/6

Filed 11/20/13 In re Octavio I. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re OCTAVIO I., JESSIE R., and 2d Juv. No. B247528 MARIA R., Persons Coming Under the (Super. Ct. No. J1379435) Juvenile Court Law. (Super. Ct. No. J1379436) (Super. Ct. No. J1379437) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD PROTECTIVE SERVICES,

Plaintiff and Respondent,

v.

C. R. and O. R.,

Defendants and Appellants.

C. R. (mother) and Octavio R. (father) appeal from a March 7, 2013 order terminating their parental rights to Octavio I. (age 10), Jessie R. (age 9) and Maria R. (age 4), and freeing the children for adoption. (Welf. & Inst. Code, § 366.26.)1 Appellants contend that the beneficial parent-child and sibling relationship exceptions preclude the children's adoption. (§ 366.26, subd. (c)(1)(B)(i) & (v).) We affirm.

1 All statutory references are to the Welfare & Institutions Code. 1

Facts and Procedural History On July 21, 2010, Santa Barbara County Child Protective Services (CWS) detained Octavio I., Jessie R. and Maria R., and two older sisters (13-year-old G. and 11- year-old Y.) after mother was arrested for transporting and using drugs. The family was living in a garage with no running water and using a bucket as a toilet. The bucket was filled with urine, mattresses and blankets were scattered about, and a dirty diaper was next to a half-eaten plate of food. The garage wreaked of a foul odor and had rotten food in a refrigerator. CWS filed a dependency petition for failure to protect (§ 300, subd. (b)), alleging that the family had a child welfare history dating back to 2006 with ten referrals for general neglect. Father had a history of using controlled substances and mother's criminal history included grand theft, burglary, false checks/records/certificates, extortion, battery with serious bodily injury, preventing/dissuading a witness/victim, criminal conspiracy, and fighting. Before the children were detained, appellants received 10 months of Voluntary Family Maintenance services but failed to meet case plan objectives. Appellants submitted on the reports at the August 30, 2010 jurisdiction /disposition hearing and received 12 months of reunification services. On August 22, 2011, appellants reunified with the children, were provided family maintenance services, and resumed using drugs. The older sisters, G. and Y., skipped school, were drinking, and defiant. Appellants neglected Maria and failed to provide Jessie's and Jessie's medical needs. On July 9, 2012, CWS placed the children with the maternal grandmother and filed a section 387 supplemental petition alleging that appellants were abusing drugs and not maintaining a clean and habitable home. The children were placed in shelter care after the grandmother let appellants have unsupervised contact with the children. On September 13, 2012, CWS placed Maria in a fost-adopt home in Santa Barbara County. Octavio and Jessie were placed in a fost-adopt home in Tulare County on December 6, 2012. The trial court ordered weekly supervised visits with drug testing.