In re Alexis M. CA2/6

Filed 1/23/14 In re Alexis M. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 In The Matter of ALEXIS M., a 2d Juv. No. B248966 Person Coming Under the Juvenile Court (Super. Ct. No. J1395693) Law. (Santa Barbara County)

SANTA BARBARA COUNTY CHILD PROTECTIVE SERVICES,

Petitioner and Respondent,

v.

CHRISTINA D.,

Respondent and Appellant.

Christina D. (mother) appeals from an order terminating her parental rights to her child, Alexis M. (child), now five years old, and selecting adoption as the permanent plan. (Welf. & Inst. Code, § 366.26.)1 Mother argues that her counsel was ineffective because he failed to present an offer of proof as to the beneficial relationship exception to the termination of parental rights. (§ 366.26, subd. (c)(1)(B)(i).) We affirm.

1 Unless otherwise stated, all statutory references are to the Welfare and Institutions Code.

Factual and Procedural Background "[M]other has a long history of addiction to pain medications dating back to 2004 . . . ." In February 2011 mother "was admitted to the hospital with an acute overdose" of various drugs. She had been found "passed out on the floor." Mother's probation officer ordered her to enter a residential drug treatment program. She entered the program but failed to complete it. In November 2011 child was found wandering in the street outside her home while mother was asleep inside under the influence of prescription drugs. A social worker inspected the home, which was in a state of "disarray." The social worker concluded that the home "was hazardous for an active three year old." The juvenile court ordered that child be detained and removed from mother's home. Mother was granted the right to visit child three times a week provided that she submitted to random drug testing and did not test positive. Mother "relapsed . . . [on] January 4, 2012, and spent close to thirty days in custody . . . ." On January 26, 2012, child was declared a dependent of the juvenile court. Santa Barbara Child Welfare Services (CWS) was ordered to provide reunification services to mother. On January 30, 2012, mother entered Project Preemie, a residential treatment program. She was discharged from the program in June 2012 because of medical problems related to "Pseudo Seizures." After her discharge, she enrolled in an outpatient treatment program. According to a status review report signed on June 27, 2012, during the review period mother had "consistently tested clean for all illegal substances." Mother had also "consistently visited with her daughter twice a week." In July 2012 mother relapsed. An addendum report signed on July 17, 2012, notes that "mother has consistently tested positive for opiates since July 5, 2012, although she denies any abuse." Mother missed a drug test scheduled for July 15, 2012. She was discharged from the Family Drug Treatment program for "failure to make progress during the past six months in addressing her addiction to pain medications."