In re Edgar F. CA2/6

Filed 6/23/14 In re Edgar F. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EDGAR F., JAMIE F., and 2d Juv. No. B253277 ELIZABETH F., Persons Coming Under (Super. Ct. No. J063046) the Juvenile Court Law. (Super. Ct. No. J069391) (Super. Ct. No. J069392) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Petitioner and Respondent,

v.

DONNA S.,

Respondent and Appellant.

Donna S. (mother) appeals the denial of her petition to reinstate family services (Welf. & Inst. Code, § 388)1 and appeals from a December 10, 2013 order terminating parental rights and freeing her children Edgar F., Jamie F., and Elizabeth F. for adoption. (§ 366.26.) We affirm.

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

1

Facts & Procedural History On May 19, 2013, Ventura County Human Services Agency (HSA) detained Edgar F. (age 10), Jamie F. (age 8), and Elizabeth F. (age 3) after drug paraphernalia and a bullet were found in the motel room where the children and mother were living. Mother was arrested for child abuse, being under the influence of a controlled substance, and possession of narcotics paraphernalia. HSA filed a petition for failure to protect (§ 300, subd. (b)) and no provision for support (§ 300, subd. (g)). It was alleged that the whereabouts of the children's father was unknown and that the father had a lengthy criminal history with arrests for murder, robbery, substance abuse, car theft, possession of a firearm, vandalism, and battery on a police officer. The detention report stated that mother had an extensive history of substance abuse and that a prior dependency action was filed in 2002 after the oldest child, Edgar, tested positive for marijuana at birth. Mother was offered family maintenance services but continued to abuse methamphetamine and marijuana. In 2005, mother was arrested for drug use, completed a drug court program, and resumed using methamphetamine after moving to Tijuana, Mexico with the father and children. There were several child abuse referrals based on mother's substance abuse and reports that mother and father were fighting and using drugs. Edgar told the case worker that his parents were mean when they smoked drugs and would hit the children. At the May 21, 2013 jurisdiction/disposition hearing, the trial court bypassed reunification services based on mother's chronic drug abuse and uncontroverted evidence that mother resisted two prior court ordered treatments for substance abuse. (§361.5, subd. (b)(13).) The matter was set for a permanent placement hearing. (§ 366.26.) Before the section 366.26 hearing, HSA reported that the children were living with the maternal aunt and bonded to the aunt who wanted to adopt. Mother filed a section 388 petition to reinstate services which was denied for failure to make a prima facie showing of change of circumstances. At the contested section 366.26