In re D.R. CA2/6

Filed 6/30/14 In re D.R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.R., a Person Coming Under the 2d Juv. No. B253866 Juvenile Court Law. (Super. Ct. No. J068807) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

J.G.,

Defendant and Appellant.

J.G. (mother) appeals from orders terminating her parental rights to her son, D.R., selecting adoption as the permanent plan and summarily denying her petition under Welfare and Institutions Code section 3881 to modify a previous order terminating reunification services. (§ 366.26.) She contends the juvenile court committed reversible error by declining to conduct a full evidentiary hearing on her section 388 petition. We affirm.

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

FACTS AND PROCEDURAL BACKGROUND Mother has three children. Her oldest child was removed from her custody in 2009. In April 2012, D.R., who was then 5, and his younger half-brother were detained as a result of mother's history of substance abuse, her failure to provide them with regular and necessary care and their subjection to an unsafe, unsanitary and drug- laden living environment. The juvenile court sustained the dependency petition as to both children (§ 300), and ordered reunification services as outlined in the case plan. Only D.R.'s case is at issue here. Mother has a number of health issues, including a history of substance abuse, weight issues, food addiction, dental problems, thyroid dysfunction, sleep apnea and mood and anxiety disorders. She has criminal convictions for petty theft, failure to have her child attend school, possession of a controlled substance, being under the influence of a controlled substance and possession of a smoking device. Between 2004 and 2010, mother was reported to respondent, Ventura County Human Services Agency ("HSA"), for drug use, for housing her children in a filthy environment and for failing to care for them. D.R.'s father died in December 2011. When the children were detained, mother, who was on probation, was living with her boyfriend in an apartment known for high-traffic drug activity. Witnesses saw about two dozen people going in and out of the apartment daily, and police attributed at least 10 drug-related arrests to mother or the apartment. During a search, officers discovered hashish brownies, methamphetamine and hypodermic needles, all within reach of the children. Others in the apartment were found to be under the influence of a controlled substance. Mother's apartment presented a number of other dangerous conditions. Clothes, trash and other items were stacked so high that they could topple over and fall on the children. Electrical outlets were exposed, and there was no running water in the kitchen. The apartment had no fire alarm, and because the windows were barred, it had no emergency exit.