In re T. O. CA2/6

Filed 7/24/14 In re T. O. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 T. O., a Person Coming Under the 2d Juv. No. B254462 Juvenile Court Law. (Super. Ct. No. J069077) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

RANDY O. et al.,

Defendants and Appellants.

Randy O. and Teresa T., the parents of T. O., appeal from the juvenile court's order denying mother's petition for modification and terminating their parental rights. (Welf. & Inst. Code, §§ 388, 366.26.)1 We affirm. FACTUAL AND PROCEDURAL HISTORY In 2000, mother and her then boyfriend Patrick S. had a daughter, Patricia, and were expecting the birth of their son, Patrick, Jr. In the fall of 2000 the heroin-addicted mother of 14-month-old Ion R. temporarily entrusted the infant to the

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

care of mother and Patrick S. Over a period of several weeks, mother and Patrick S. brutally tortured the infant. Ion died on October 22, 2000 from the resulting injuries. In October 2000, mother gave birth to Patrick, Jr., her second child. The baby was detained when he tested positive for opiates. Reunification services for mother and Patrick S. were bypassed, their parental rights were terminated and the adoption of Patricia and Patrick, Jr., was finalized in August 2003. Mother was arrested and charged with torturing and murdering Ion. She initially refused to disclose to law enforcement the whereabouts of Patrick S. and Patricia. Eventually, mother agreed to cooperate, Patrick S. was arrested and Patricia was taken into protective custody. Mother was convicted of voluntary manslaughter and mayhem and sentenced to six years in prison. Mother was released on parole in March 2006. She met Romero T. and within a few months became pregnant with Christian. Christian, mother's third child, was born in March 2007 and was detained in protective custody because of mother's history of chronic drug abuse and her role in the torture-murder of Ion R. In April 2007, the court sustained Ventura County Human Services Agency's (HSA) section 300 petition, found reunification was not in Christian's best interests and refused to order reunification services for mother. Custody of Christian was awarded to Romero with supervised visitation for mother. In June 2008, mother gave birth to her fourth child R., who was also detained in protective custody. Romero was provided reunification services but services were bypassed as to mother. Romero failed HSA's reunification plan and both parents' parental rights were terminated. R. was adopted in March 2010. In May 2008, mother petitioned the juvenile court to modify its 2007 order denying family reunification services to her for Christian. Her request was denied. Romero, however, was reunified with Christian and he was awarded sole legal and physical custody. Although mother's access to Christian was required to be supervised by someone other than Romero, mother, Romero and Christian lived together. Three