In re Jonathan L. CA5

Filed 12/13/13 In re Jonathan L. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re JONATHAN L. et al., Persons Coming Under the Juvenile Court Law.

TULARE COUNTY HEALTH AND F067253 HUMAN SERVICES AGENCY, Plaintiff and Respondent, (Super. Ct. Nos. JJV066111A, JJV066111B & JJV066111C) v. HEATHER L. et al., OPINION Defendants and Appellants.

THE COURT* APPEAL from orders of the Superior Court of Tulare County. Jennifer Conn Shirk, Judge. Karen J. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant Heather L. Liana Serobian, under appointment by the Court of Appeal, for Defendant and Appellant Neil S. Kathleen Bales-Lange, County Counsel, and John A. Rozum and Carol Helding, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J., and Peña, J.

Heather L. appeals from an order terminating her parental rights under Welfare and Institutions Code section 366.261 as to her seven-year-old son, Jonathan, two-year- old son, Braden, and one-year-old daughter, Nicole. Heather contends the juvenile court erred in declining to apply the exceptions to adoption contained in section 366.26, subdivision (c)(1)(B)(i) and (v), hereafter referred to as the “beneficial relationship” and “sibling relationship” exceptions respectively. Neil S. joins in Heather’s argument as to his children, Braden and Nicole. We affirm. PROCEDURAL AND FACTUAL SUMMARY These dependency proceedings originated in Los Angeles County in July 2011 after Heather was pulled over by a California Highway Patrol officer for driving erratically on the freeway with then five-month-old Braden in the car. Heather’s pupils were constricted and she had track marks on her arm. She also had a syringe cap and a baggy with drug residue in the car. Heather failed the field sobriety test and the officer arrested her for driving and being under the influence of methamphetamine and child endangerment. The Los Angeles County Department of Children and Family Services (department) took Braden and then four-year-old Jonathan into protective custody and placed them with their maternal grandparents, Mr. and Mrs. G., in Visalia. This was not the first time the department intervened to protect Jonathan. In November 2006, newborn Jonathan tested positive for marijuana and benzodiazepine. Heather was actively using drugs, including cocaine, and had a felony conviction for possession of a controlled substance. In January 2007, the department removed Jonathan from Heather’s custody and placed him with his maternal aunt and uncle. The Los Angeles County Juvenile Court provided Heather and Todd, Jonathan’s father,