In re R.A. CA3

Filed 3/14/14 In re R.A. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

In re R.A. et al., Persons Coming Under the Juvenile C074489 Court Law.

YOLO COUNTY DEPARTMENT OF (Super. Ct. Nos. JV11340, EMPLOYMENT AND SOCIAL SERVICES, JV11341)

Plaintiff and Respondent,

v.

M.C.,

Defendant and Appellant.

Appellant M.C., the mother of the minors R.A. and J.C., appeals from the juvenile court’s orders terminating parental rights. (Welf. & Inst. Code, §§ 395, 366.26.)1 Mother contends the juvenile court erred in failing to apply the beneficial parent/child relationship exception to adoption. We affirm.

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

1

FACTUAL AND PROCEDURAL BACKGROUND In August 2011 the Yolo County Department of Employment and Social Services (DESS) filed dependency petitions (§ 300) on behalf of three-year-old R.A. and newborn J.C., alleging that mother and J.C. tested positive for methamphetamine at birth, mother had a history of substance abuse and substance abuse related crimes, and she failed to follow through with medical appointments for J.C., who had to be hospitalized after losing 15 ounces in the four days since his birth. The minors were detained later that month. The juvenile court modified and sustained the petitions in September 2011. It also directed DESS to file an amended petition reflecting a stipulation that R.A.’s father could not care for him because he was incarcerated and had a history of drug use. In October 2011 DESS filed a subsequent petition (§ 342) regarding R.A.’s father consistent with the juvenile court’s orders at the jurisdiction hearing. The juvenile court ordered reunification services for both parents later that month. A March 2012 report noted the minors were developing appropriately in their Sacramento foster placement. Mother had three supervised visits per week but consistently missed one to two visits each week after the minors were moved to Sacramento. A social worker offered bus passes to mother but she did not express a need for or interest in them. The juvenile court continued services for both parents in May 2012. In September 2012 DESS reported that R.A. sometimes yelled, kicked, and screamed when the foster parents tried to give him direction. He also hit mother during visitation, but this had stopped recently. He participated in weekly therapy to learn how to manage his anger more effectively. Mother had two one-hour visits each week but missed two consecutive visits at the end of August 2012. The juvenile court continued services at the November 2012 12-month hearing. The juvenile court stated it would revisit its ruling later that month if mother did not take