In re A.J. CA3

Filed 2/5/14 In re A.J. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Colusa) ----

In re A.J. et al., Persons Coming Under the Juvenile C074566 Court Law.

COLUSA COUNTY DEPARTMENT OF HEALTH (Super. Ct. Nos. JU3656, AND HUMAN SERVICES, JU3657, JU3658)

Plaintiff and Respondent,

v.

I.V.,

Defendant and Appellant.

I.V., mother of the minors, appeals from the juvenile court’s orders terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 395.)1 Mother contends there was insufficient evidence that her continued custody of the minors was likely to result in

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

1

serious emotional or physical damage to the minors and that the juvenile court erred in not finding that the beneficial parental relationship exception to adoption applies. We will affirm the juvenile court’s orders. BACKGROUND On May 9, 2012, the Colusa County Department of Health and Human Services (Department) filed a section 300 petition on behalf of minors Ad. (then almost three years old), A. (then two years old), and An. (then two months old). The petition was also filed on behalf of the minors’ half-sibling, P. (then 11 years old).2 The allegations in the petition centered around the parents’ use of methamphetamine and minors Ad. and A. testing positive for methamphetamine. Mother had also failed to follow up with prenatal care for An., missed her scheduled caesarean section delivery, and tested positive for methamphetamine at his birth. The minors had been the subject of a previous dependency case, prior to An.’s birth. Mother had a history of alcohol abuse and father was incarcerated for domestic violence. The previous dependency had been terminated in August 2011. The minors were found to be Indian children but the tribe decided not to intervene. Instead, the tribe asked to be provided notices of hearings and to be kept informed of the parents’ progress and any decision to pursue adoption or termination of parental rights. The juvenile court sustained the petitions on June 4, 2012, and minors Ad., A., and An. were placed together in foster care. P. was placed in a separate home. The parents engaged in services and were having supervised visitation three times weekly. The juvenile court declared the minors dependents of the court at the July 16, 2012, disposition hearing.