In re Thomas B. CA2/6

Filed 8/28/14 In re Thomas B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THOMAS B., a Person Coming 2d Juv. No. B256444 Under the Juvenile Court Law. (Super. Ct. No. J068860) (Ventura County)

STEPHANIE P.,

Petitioner,

v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent; ___________________________________

VENTURA COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

Stephanie P. (Mother) is the biological mother of Thomas B., a dependent of the juvenile court since he tested positive for methamphetamine and methadone two days after his birth in June 2012. Mother seeks extraordinary writ relief (Cal. Rules of Court, rules 8.452, 8.456) from the juvenile court's order terminating family reunification services and setting the matter for a permanency planning hearing. (Welf. & Inst. Code,

1

§ 366.26.)1 She contends the order is not supported by substantial evidence. We deny the writ. Facts Mother went to the emergency room at Los Robles Hospital in May 2012, because she thought she was in labor. At that visit, she tested positive for methamphetamine. Two days later, she gave birth to Thomas. When questioned by a social worker and a public health nurse, Mother explained she took an Adderall on May 31, thinking it was heartburn medication. The Adderall was left over from an old prescription to treat her attention deficit hyperactivity disorder (ADHD). Mother believed Thomas tested positive for methadone because she took a Vicodin, also from an expired prescription, for back pain. Mother could not produce the prescription pill bottle, the heartburn medication, or a copy of either prescription. She also could not name the prescribing physicians. The social worker reported, "[Mother] is unable to explain why her infant tested positive for amphetamine approximately six days after her reported use of the Adderall. Please note that according to [the manufacturer] of Adderall, the elimination half-life for d-amphetamine is 10 hours in adults and the elimination half-life for 1- amphetamine is 13 hours in adults. The elimination half-life in children ages 6-12 is lower than the adult range." At the time of Thomas' birth, Mother had been living with Sean B. (Father) for about two years.2 He denied any drug use himself or any knowledge of Mother's drug use. Thomas was discharged from the hospital to Father's custody. Father agreed Mother would leave the home and would not have unsupervised contact with Thomas. He was also advised that he could not supervise Mother's visits with the infant. By the time of the jurisdiction and disposition hearing in mid-July, respondent's social worker suspected that Mother was again living in the home. Both parents denied this, but the social worker noted that Mother had not arranged supervised