In re A v. CA2/6

Filed 2/25/14 In re A.V. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.V., et al., Persons Coming Under 2d Juv. No. B249746 the Juvenile Court Law. (Super. Ct. Nos. J1395401 & J1395402) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD PROTECTIVE SERVICES,

Plaintiff and Respondent,

v.

E.G.,

Defendant and Appellant.

E.G. (mother) appeals the order terminating her parental rights to her minor children A.V. and H.W., and establishing adoption as their permanent plan. (Welf. & Inst. Code,1 § 366.26.) Mother contends the court erred in finding that the parental relationship exception to adoption (§ 366.26, subd. (c)(1)(B)(i)) did not apply. We affirm.

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

FACTS AND PROCEDURAL HISTORY In April 2011, Santa Barbara County Child Protective Services (CPS) filed a section 300 petition as to three-year-old A.V. and one-year-old H.W. after mother was arrested for possessing and being under the influence of methamphetamine. The drugs and two smoking pipes were found during a search of mother's residence and were accessible to the children.2 The children were placed with their maternal grandparents, with whom they had previously lived. In its jurisdiction and disposition report, CPS stated that the children were doing well in their placement. Mother had been approved for nightly two-hour supervised visits with the children, contingent upon her remaining drug free. After she failed two drug tests, visitation was suspended until she could provide two consecutive clean tests. At the jurisdiction and disposition hearing, the court sustained the children's removal and ordered mother to participate in a case plan that included a mental health assessment, Family Drug Treatment Court, outpatient drug treatment with random drug testing, and a parenting program. A.V. and H.W. began an extended visit with mother in November 2011. At the sixth-month review hearing on December 12, 2011, the children were returned to mother pursuant to a family maintenance program. Four months later, the children were removed again and returned to their maternal grandparents after mother tested positive for methamphetamine. Mother was granted additional services with supervised visits. At the 12-month review hearing, the court adopted CPS's recommendation and granted mother an additional six months of services. On September 1, 2012, mother was arrested and charged with driving under the influence and willful cruelty to a child. At the 18-month review hearing on November 29, 2012, reunification services were terminated and the matter was set for a section 366.26 hearing.