In re I.B. CA6

Filed 5/20/14 In re I.B. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re I.B. et al., Persons Coming Under the H040143 Juvenile Court Law. (Santa Clara County Super. Ct. Nos. JD21533 & JD21534)

SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES,

Plaintiff and Respondent,

v.

J.A. et al.,

Defendants and Appellants.

Appellants are the mother and father of two fraternal twins born in October 2012. They each appeal the trial court’s denial of their Welfare and Institutions Code section 3881 petitions made orally at the section 366.26 hearing during which the court terminated their parental rights. STATEMENT OF THE FACTS AND CASE A.B. and I.B. were born by cesarean-section in October 2012 at 31 weeks gestation. A.B. weighed two pounds six ounces and I.B. weighed three pounds six ounces. The twins were placed in the Neonatal Intensive Care Unit. Mother tested 1 All further statutory references are to the Welfare and Institutions Code.

positive for methamphetamine at the time of the twins’ birth, and three other times during her pregnancy. She was uncooperative with hospital staff, and refused drug treatment. Father was not present at the birth of the twins. Mother stated that Father was not involved, and he was not named on the twins’ birth certificates. The hospital contacted the Santa Clara County Department of Family and Children’s Services (Department) in October 2012, to report the abuse and neglect of the twins due to Mother’s drug use during pregnancy. On November 19, 2012, the Department filed petitions pursuant to section 300, subdivisions (b) and (j) on behalf of both children. The petitions alleged the twins were at risk of harm from Mother’s chronic and continuing drug abuse; Mother’s drug use during her pregnancy; and Mother’s older child’s prior dependency due to physical abuse by Mother resulting in Mother being charged with child cruelty. The juvenile court ordered the twins detained on November 26, 2012. Father’s identity had been revealed and he was present at the detention hearing because he was in custody due to drug-related charged. The court ordered paternity testing, which confirmed that he was the biological father. Father filed a statement of parentage, and requested presumed father status. The court conducted an evidentiary hearing, and denied Father’s motion for presumed father status. Father filed a notice of appeal, and this court affirmed the juvenile court. (In re I.B., et al.; D.F.C.S v. M.B. (Oct. 21, 2013, H039359) [nonpub. opn.].) I.B. was discharged from the hospital on November 30, 2012 and A.B. was discharged on December 5, 2012. Both children were placed together in a foster home. The Department filed a second set of section 300 petitions, and the jurisdiction hearing was held on February 21, 2013. The court sustained the petitions. In addition to finding the allegations regarding Mother’s drug abuse during pregnancy and the harm it