In re Joseph P. CA2/6

Filed 10/30/14 In re Joseph P. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JOSEPH P., a Person Coming Under 2d Juv. No. B255965 the Juvenile Court Law. (Super. Ct. No. J069280) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

DEANN A.,

Defendant and Appellant.

Deann M. (mother) appeals the juvenile court orders denying her modification petition, terminating her parental rights and establishing adoption as the permanent plan for her minor child Joseph P.1 (Welf. & Inst. Code, §§ 366.26, 388.) 2 Mother contends the court abused its discretion in denying her modification petition, and erred in finding that terminating her parental rights would not be detrimental to Joseph. (§ 366.26, subd. (c)(1)(B)(i).) We affirm.

1 The court also terminated the parental rights of Joseph's father. He is not a party to this appeal. 2 All statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL BACKGROUND On March 21, 2013, the Ventura County Human Services Agency (HSA) detained 11-month-old Joseph P. and his two half-siblings, seven-year-old Enrique and four-year-old Alexis. HSA took Joseph into protective custody and placed Enrique and Alexis with their father. On March 25, 2013, HSA filed a petition as to Joseph for failure to protect (§ 300, subd. (b)) and support (§ 300, subd. (g)). The petition alleged that mother left Joseph, Enrique and Alexis at home, in the care of adults who were using marijuana in their presence. The home was in disarray. Joseph's crib was filled with blankets, clothing and pillows, and there was marijuana on a low dresser. Mother had a history of unaddressed substance abuse and mental health issues. HSA could not find Joseph's father. On March 26, 2013, the juvenile court declared Joseph a dependent child, ordered his continued detention, and ordered HSA to begin providing reunification services to mother. The court ordered mother to refrain from using or possessing any drugs or alcohol, submit to random drug testing, and provide HSA written verification of her attendance at Alcoholics/Narcotics Anonymous (AA/NA) meetings. On April 11, 2013, mother and HSA agreed to a case plan that set a goal for her reunification with Joseph by October 22, 2013. The plan required that mother participate in mental health counseling; enroll in and complete an outpatient substance abuse treatment program; submit to random drug testing; and provide written proof of her attendance at 12-step meetings. Mother attended the April 23, 2013, jurisdiction and disposition hearing. The juvenile court sustained the petition, ordered HSA to provide six months of reunification services to mother, and ordered mother to comply with her case plan. In its October 7, 2013, six-month status review report, HSA recommended that the juvenile court terminate mother's reunification services and set a section 366.26 hearing to establish adoption as the permanent plan for 18-month-old Joseph. HSA reported that Joseph had been living with his maternal aunt since April 15, 2013, and was