In re S.B. CA2/6

Filed 7/14/14 In re S.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.B. et al., Persons Coming Under the 2d Juv. No. B254861 Juvenile Court Law. (Super. Ct. Nos. 1395455, 1395457) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD WELFARE SERVICES

Plaintiff and Respondent,

v.

V.S.,

Defendant and Appellant.

V.S. (mother) appeals orders of the juvenile court terminating her parental rights to S.B. and P.B., her children. (Welf. & Inst. Code, § 366.26.)1 We conclude, among other things, that: 1) the trial court made express findings that the children were adoptable, and 2) substantial evidence supports those findings. We affirm. FACTS On June 29, 2011, the Santa Barbara County Child Welfare Services (CWS) filed a juvenile dependency petition (§ 300, subd. (b)) alleging there was a "substantial risk" that S.B., three years old, and P.B., an infant, would suffer "serious

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

physical harm" because of mother's "inability to supervise or protect" them. On June 12, 2011, mother "attempted suicide by overdosing on pain medication while caring for [P.B.]." She used methamphetamine on June 11, 2011, and the children were at risk because of her substance abuse. Her "criminal" history, which included using or being under the influence of a controlled substance, battery and assault, placed the children "at further risk of abuse and/or neglect." In an addendum report, CWS recommended the children "be detained from their parents . . . and released to their mother . . . while she receives treatment at an inpatient substance abuse treatment program." The juvenile court ordered the children detained, but adopted the CWS recommendation that they be released to mother. In an August 16, 2011, jurisdiction/disposition report, CWS recommended that the children remain in mother's care and custody and that she receive family maintenance services. The CWS case plan required her to participate in a variety of programs, including substance abuse treatment. On August 18, 2011, the trial court sustained the dependency petition and found the allegations to be true. On September 1, 2011, CWS filed a second juvenile dependency petition. CWS said the children were taken into protective custody because mother tested positive for marijuana and her progress at the substance abuse treatment program was "minimal." In a September 13, 2011, jurisdiction/disposition report, CWS recommended that mother receive family reunification services, and that the children be "declared dependents" of the court and remain "in out of home care." On September 15, the trial court sustained the petition finding the allegations to be true. It found the children were dependents of the court and that "out-of-home placement is necessary." In a March 15, 2012, status review report, CWS recommended that: 1) the children remain dependents of the court, 2) S.B. be returned to mother and mother receive family maintenance services for that child, and 3) mother receive "six more months" of family reunification services for P.B. The trial court adopted the CWS recommendations.