In re S.M. CA6

Filed 1/3/14 In re S.M. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re S.M. et al., Persons Coming Under the H039570 Juvenile Court Law. (Santa Clara County Super. Ct. Nos. JD18636, JD18637) SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN’S SERVICES,

Plaintiff and Respondent,

v.

S.P.,

Defendant and Appellant.

S.P. (mother) appeals from an order denying her Welfare and Institutions Code section 388 petition and terminating her parental rights.1 Mother’s section 388 petition sought the return of two of her children--J.O. and S.M.--or, alternatively, reunification services. The petition also requested that the court order J.O. to attend visitation with mother. The juvenile court denied mother’s section 388 petition following an evidentiary hearing. Immediately thereafter, the court held a section 366.26 hearing to determine permanent plans of care for the children, after which it terminated mother’s parental rights. On appeal, mother contends the juvenile court abused its discretion by denying her

1 Further unspecified statutory references are to the Welfare and Institutions Code.

section 388 petition because she carried her burden of proof to show that changed circumstances warranted her requests to promote the best interest of the children. We disagree and shall affirm the order. I. FACTUAL AND PROCEDURAL BACKGROUND Mother has five children and a history of drug addiction and drug-related convictions. This case, the fourth dependency case involving mother and one or more of her children, involves her two youngest children, J.O. and S.M. A. Prior Dependency Cases In 1995, mother’s oldest child, D.S., was declared a dependent child at the age of one because of mother’s substance abuse and neglect. Mother reunified with D.S. in 1998, after completing a court-ordered drug treatment program in connection with a misdemeanor drug conviction, and the dependency case was dismissed. In 2000, mother was again convicted of a drug offense and was ordered into a drug treatment program. Her three oldest children were declared dependents of the juvenile court at that time due to mother’s substance abuse and neglect. Following two years of court-ordered substance abuse services, mother reunified with the children and the second dependency case was dismissed. Shortly after the reunification in 2002, mother left the three oldest children in the care of their maternal grandmother, who used drugs and physically abused the children. In 2007, the maternal grandmother was arrested on multiple drug charges. In 2008, all five of mother’s children were adjudicated dependents of the court. After mother successfully completed inpatient and outpatient drug treatment, the children were returned to her and the third dependency case was dismissed. B. Mother’s 2012 Arrest and Initiation of the Current Dependency Case Mother was arrested on April 11, 2012, for probation violations related to drug convictions. At that time, mother left eight-year-old J.O. in the care of a maternal aunt and five-year-old S.M. in the care of his paternal grandparents. 2