In re Ryan G. CA1/5

Filed 9/3/14 In re Ryan G. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re Ryan G., a Person Coming Under the Juvenile Court Law.

ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, A139980 v. (Alameda County Sarah S., Super. Ct. No. OJ12018424) Defendant and Appellant.

Sarah S. (mother) appeals from an order terminating her parental rights to her son Ryan G. and declaring adoption to be the permanent plan. (Welf. & Inst. Code, § 366.26.)1 Mother argues the order should be reversed because the beneficial parental relationship and sibling relationship exceptions to adoption apply. (§ 366.26, subd. (c)(1)(B)(i) & (v).) We affirm. I. BACKGROUND In February 2012, mother lived with her four children: four-month-old Ryan, his two-year-old sister, Kaitlyn, and their two older half-siblings. Mother had a history of substance abuse and domestic violence issues, and was receiving family maintenance services for her two older children, who had been declared dependents of the juvenile court.

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

1

Respondent Alameda County Social Services Agency (Agency) filed a dependency petition alleging Ryan and Kaitlyn came within jurisdiction of the juvenile court under section 300, subdivisions (b) and (j), based on an incident of domestic violence between mother and Ryan and Kaitlyn’s father,2 mother’s alcohol use, and her failure to obtain treatment for substance abuse as required by the family maintenance plan in the older children’s dependency case. The petition was amended to add allegations mother had slapped the older children’s father while waiting in the courthouse hallway and had become intoxicated from drinking beer while waiting for a court hearing. All four children were removed from mother’s custody on February 22, 2012, when she was arrested for slapping the older children’s father. The oldest two children were placed with their father with family maintenance services, where they have remained. Ryan and Kaitlyn were initially placed with their maternal grandparents, but Ryan was moved to a nonrelative foster home on March 6, 2012, after the grandmother indicated she could no longer care for him. On March 28, 2012, mother waived her right to a contested hearing and the court sustained the dependency petition filed as to Ryan and Kaitlyn. Mother had previously told an Agency social worker that while she loved her children, she did not want to engage in reunification services with Ryan and Kaitlyn. Notwithstanding this statement, the court approved a reunification plan for mother that included components of visitation, domestic violence prevention, anger management, and substance abuse testing and treatment. During the reunification period, mother, who was pregnant, had weekly, two-hour visits with Ryan, with the first hour supervised by a social worker and the second hour consisting of a therapeutic visit with a SEED (Services to Enhance Early Development) clinician. Mother was attentive to Ryan during the visits, encouraging him to explore the toys in the room, redirecting him when necessary, and giving him lots of affection and