In re G.M. CA2/6

Filed 6/25/14 In re G.M. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 G., JASMIN, K. & DANIEL M. , 2d Juv. No. B250355 Persons Coming Under the Juvenile Court (Super. Ct. Nos. J1395649, J1395650, Law. J1395651, J1395652) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD PROTECTIVE SERVICES,

Petitioner and Respondent,

v.

KARLA M. ,

Respondent and Appellant.

Karla M. (mother) appeals from an order terminating her parental rights to her children K.M. (now seven years old) and Daniel M. (now six years old). (Welf. & Inst. Code, § 366.26.)1 Although the dependency proceedings also involved two older children - G. M. and Jasmin M. - mother's parental rights to them were not terminated. Mother contends that the juvenile court abused its discretion by refusing to conduct a contested evidentiary hearing on the beneficial parental relationship

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

exception to adoption. (§ 366.26, subd. (c)(1)(B)(i).) Mother argues that "the denial of a contested hearing was a violation of her due process rights" because she "provided an adequate offer of proof" as to the evidence that she would produce at a contested hearing. We disagree and affirm. Factual and Procedural Background At a jurisdictional/dispositional hearing in January 2012, the juvenile court sustained a dependency petition (§ 300), removed K.M. and Daniel M. (the children) from mother's custody, and ordered that she be provided reunification services. According to the petition's allegations, mother left the children "home alone without appropriate adult supervision." When the home was inspected, it "was found to be unsafe for the children." The home was filthy and stank of urine. Mother had "failed to provide the children with adequate food, clothing, and shelter, placing [them] at risk of physical harm and illness." In February 2013 the court terminated reunification services and set a section 366.26 hearing. Mother lived in Santa Maria in Santa Barbara County. K.M. was placed in a group home in Pasadena in Los Angeles County. Daniel M. was placed in a foster home in Merced County. The section 366.26 report, dated May 30, 2013, states: "From September 2012 through January 2013, the mother . . . failed to participate regularly in her visitation schedule with [the children], after the Department [of Social Services (Department)] had purchased Amtrak tickets for her traveling needs. [Mother] failed to pick up the tickets in order to participate in visitation. The mother also reduced her hours of visitation with [K. M.], after the second visit, to one hour per week, when she was authorized to visit for two hours per week." "The mother did not visit with Daniel from 2/2013 to the present time. The mother did not call Daniel on his birthday [in March 2013] when he turned 5 years old." In her opening brief mother acknowledges that, "[a]ccording to the Department's court reports, [she] did not regularly visit K. and Daniel after they were moved out of county."