In re Trinity M.

Filed 9/18/14 In re Trinity M. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re TRINITY M. et al., Persons Coming 2d Juv. No. B254697 Under the Juvenile Court Law. (Super. Ct. No. JV50216) (San Luis Obispo County) SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. ELIZABETH D., Defendant and Appellant.

Elizabeth D. (mother) appeals from a February 14, 2014 order terminating parental rights and freeing her children, Trinity M. and Waylon M. Jr., for adoption. (Welf. & Inst. Code, § 366.26.)1 Mother contends that the beneficial parent-child relationship exception precludes the children's adoption. (§ 366.26, subd. (c)(1)(B)(i).) We affirm. Procedural History On August 15, 2011, San Luis Obispo County Department of Social Services (DSS) filed a dependency petition alleging that mother was abusing drugs and neglecting Trinity (age 8) and Waylon Jr. (age 2). (§ 300, subd. (b).) When the social worker visited the family, mother was under the influence of drugs, the electricity was

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

turned off, and the children were unkempt and wearing dirty clothes. DSS placed the children in protective custody based on reports that mother and the children's father (Waylon M. Sr.) were using methamphetamine. The parents had a long history of child neglect, physical and emotional abuse, and not providing for Waylon Jr.'s (age two) medical needs. The trial court sustained the petition on December 14, 2011, and ordered reunification services. Two year old Waylon Jr. was returned to appellant's care. Trinity was placed in foster care. Section 388 Petition In April 2012, DSS filed a section 388 petition to reunite the family after the parents tested clean for drugs. On April 11, 2012, the trial court returned Trinity to mother's care and continued family maintenance services. Section 387 Petition On December 19, 2012, the trial court granted a section 387 petition to detain the children after the parents suffered a drug relapse and lost their housing. Before the detention, Trinity missed two weeks of school and reported intense arguing at home. Trinity's stepbrother, David Y., was physically abused by Waylon Sr. Trinity and David told the social worker that Waylon Sr. was using drugs and had a briefcase containing needles, straws, and drug paraphernalia. After the children were placed with their maternal aunt and uncle, father (Waylon Sr.) assaulted mother, was convicted of battery, and was involved in a physical altercation with mother's boyfriend. DSS reported that mother was homeless, was pregnant and unemployed, and had an on-ongoing relationship with Scott B., who has a significant criminal history for substance abuse related offenses. On September 25, 2013, the trial court terminated services and set the matter for a section 366.26 hearing. At the section 366.26 hearing, the trial court found that the children were adoptable and terminated parental rights.