In re Allen S. CA3

Filed 11/25/14 In re Allen S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Siskiyou) ----

In re ALLEN S. et al., Persons Coming Under the C075033 Juvenile Court Law.

SISKIYOU COUNTY HEALTH AND HUMAN (Super. Ct. No. SERVICES AGENCY, SCJVSQ105097501, SCJVSQ105097601, Plaintiff and Respondent, SCJVSQ5097301)

v.

JENNIFER J.,

Defendant and Appellant.

Jennifer J., mother of the minors, appeals from orders of the juvenile court denying her petition for modification and issuing letters of guardianship. (Welf. & Inst. Code,1 §§ 366.26, 388, 395.) Mother argues the juvenile court erred in denying her

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

1

section 388 petition because she showed both changed circumstances and that the proposed order was in the minors’ best interests. Mother contends that because the court so erred, reversal of the court’s appointment of a guardian for the minors is also required. We affirm. FACTS The minors, M., age 7; Julianna, age 3; and Allen, age 13 months, were detained in February 2010 due to parental substance abuse and neglect. The juvenile court sustained the petition, found the minors were Indian children and, in April 2010, ordered reunification services for mother. After 12 months of services, the minors had several extended visits with mother from March 2011 until July 2011 when the minors were returned to foster care following a domestic violence incident between mother’s teenage son and the father of the three minors.2 Mother’s services were terminated at the 18- month review hearing in August 2011 and a section 366.26 hearing was set for the three minors. The report for the section 366.26 hearing recommended long-term foster care with a goal of guardianship as the permanent plan. The minors were placed in a tribal foster home in Yreka, California. Mother continued to reside in Happy Camp, California. From July 2011 to December 2011, mother attended “seventy-one percent” of visits and missed four visits for positive drug tests. Mother continued to have contact with father despite his negative impact on the family. In February 2012, mother filed a petition for modification seeking return of the minors because she was continuing in services and had addressed many of the problems which led to removal. In March 2012, the minors were moved to a relative placement in Crescent City, California. The Siskiyou County Health and Human Services Agency