In re Elizabeth B. CA2/6

Filed 4/17/14 In re Elizabeth B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ELIZABETH B., a Person Coming 2d Juv. No. B249093 Under the Juvenile Court Law. (Super. Ct. No. J1396100) (Santa Barbara County)

SANTA BARBARA COUNTY DEPARTMENT OF CHILD WELFARE SERVICES,

Plaintiff and Respondent,

v.

R. B.,

Defendant and Appellant.

R. B. (Mother) appeals an order terminating her parental rights pursuant to Welfare and Institutions Code section 366.26. She contends the trial court erred in denying her a contested hearing.1 We affirm.

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

FACTS On October 3, 2012, Mother was arrested for being under the influence of methamphetamine. At the time of her arrest, she was caring for her two-year-old daughter, Elizabeth. Before being taken into custody, Mother was permitted to gather some personal belongings for Elizabeth. While doing so, Mother began to cry. A social worker saw Elizabeth hand Mother a cigarette in an apparent attempt to soothe her. The social worker also saw Elizabeth play with a bong that was kept in the home. Mother was taken to jail. Elizabeth was detained in shelter care. The Santa Barbara County Department of Child Welfare Services (CWS) submitted a report for the jurisdiction and disposition hearing. The report stated that Mother had been the subject of CWS referrals since 2000. In 2004, two of Mother's older children were detained. Mother failed to comply with her reunification services plan, her parental rights were terminated and the children were adopted. In 2005, another of Mother's children was detained. Mother again failed to comply with her services plan, her parental rights were terminated and this child was also adopted. Mother has a history of arrests dating back to 1998, including multiple arrests for drug use and possession. Mother's drug abuse history is extensive. She admitted to being an addict. She had participated in about nine substance abuse treatment programs. CWS referred Mother to a drug treatment program that required drug testing. Mother failed to submit to drug testing on October 11, 2012. She said she would enter treatment on October 15, 2012, but failed to enter such treatment. A CWS report prepared for the March 12, 2013 section 366.26 hearing (.26 hearing) recommended that Mother's parental rights to Elizabeth be terminated and that adoption be declared her permanent plan.