In re A.R. CA2/6

Filed 1/23/14 In re A.R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.R., N.R., and J.W., Persons Coming 2d Juv. No. B249495 Under the Juvenile Court Law. (Super. Ct. No. J068502, J068503, J068504) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

TERRY W.,

Defendant and Appellant.

Terry W. appeals from an April 18, 2013 order terminating his parental rights to A. R. (age 16), Nicole R. (age 15), and Jayden W. (age 5) and freeing the girls for adoption. (Welf. & Inst. Code, § 366.26.)1 Appellant contends that the beneficial parent-child relationship exception precludes the girls' adoption. (§ 366.26, subd. (c)(1)(B)(i).) We affirm.

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

Factual and Procedural History Appellant and Christina R. are the parents of A., Nicole, and Jayden. On September 27, 2011, the Ventura police removed the family from a home that was "yellow tagged" for no working utilities. A code enforcement officer reported that appellant and mother "took over" the house after it was foreclosed upon. The front door was barricaded shut and the toilet was filled with urine and feces. Pornography and debris were on the floor and the walls were covered with graffiti depicting sexual images and drug terminology. Alcohol and weapons were accessible to the children and dirty clothes and empty beer cans were scattered about. No food was in the house other than a moldy bagel, a half gallon of milk, and two cartons of rotting milk. Ventura County Human Services Agency (HSA) filed dependency petitions on October 4, 2011, for failure to protect (§ 300, subd. (b)), serious emotional damage (§ 300, subd. (c)), and no provision for support (§ 300, subd. (g)). The petitions alleged that appellant and mother suffered from long term substance abuse and had a significant criminal history. Mother was in jail and unable to provide for the children. The detention report stated that appellant was arrested in June 2011, for being under the influence of a controlled substance and child endangerment during a traffic stop. Jayden was in the car without a car baby seat. A week later, appellant was arrested for being under the influence of a controlled substance. The trial court detained the children and ordered reunification services and supervised visits. At the April 16, 2013 six-month review hearing, HSA reported that the mother had missed drug tests, had not enrolled in a substance abuse treatment program, and appeared to be under the influence of a controlled substance at a supervised visit. Appellant was not enrolled in a drug treatment program, had missed drug tests, and was still living in the yellow-tagged house. At the 12-month review hearing, HSA reported that the mother had been arrested for a drug treatment violation and was arrested on another occasion for