In re R.R. CA3

Filed 3/24/15 In re R.R. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

In re R.R., a Person Coming Under the Juvenile Court C076245 Law.

BUTTE COUNTY DEPARTMENT OF (Super. Ct. No. J36889) EMPLOYMENT AND SOCIAL SERVICES,

Plaintiff and Respondent,

v.

T.R.,

Defendant and Appellant.

T.R., mother of the minor, appeals from the judgment of disposition of the juvenile court. (Welf. & Inst. Code, §§ 358, 360[further undesignated statutory references are to the Welfare and Institutions Code].) Mother previously appealed an order terminating her reunification services as to two older siblings of this minor (In re S.R., case No. C074094). Mother reiterates arguments made in the first appeal to demonstrate that termination of her services in that case was unlawful and to argue that,

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because the order terminating services in the prior case was not final, the juvenile court could not rely on it in denying services in this case. We disagree. We affirmed the juvenile court’s orders terminating mother’s services in case No. C074094, relying on the reasoning in In re Jesse W. (2007) 157 Cal.App.4th 49 (Jesse W.) and further concluding the juvenile court did not abuse its discretion in denying her additional services in that case. (In re S.R. (Jan. 15, 2015, C074094) [nonpub. opn.].) Because we conclude the bypass provision in section 361.5, subdivision (b)(10) does not require finality, we affirm the juvenile court’s order bypassing services to mother in this case. FACTS1 In the previous case, S.R. and V.R., siblings of the minor, were detained in 2012 due to parental substance abuse and neglect. The court ordered reunification services for both parents. Mother denied she had substance abuse issues, did not fully participate in services, and continued to test positive for drugs or failed to test at all. The court was not persuaded by mother’s excuses for failing to engage in services in a timely fashion and terminated her reunification services at the six-month review hearing. (In re S.R., supra, C074094 [at pp. 3-4].) A petition was filed in August 2013 alleging newborn R.R. was at risk of physical harm due to mother’s substance abuse problem and her resistance to services. The petition further alleged mother’s reunification services for V.R. and S.R. had been terminated. The petition was amended to allege that mother breast-fed the minor despite ongoing use of methamphetamine. The minor was detained under temporary orders in October 2013 following issuance of a protective custody warrant and formally detained in November 2013.