In re K.L. CA 2/6

Filed 4/1/15 In re K.L. CA 2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.L., a Person Coming Under the 2d Juv. No. B259626 Juvenile Court Law. (Super. Ct. No. JV42903) (San Luis Obispo County)

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

S.L.

Defendant and Appellant.

S.L. (Mother) appeals juvenile court orders terminating her parental rights (Welf. & Inst. Code, § 366.26)1 and denying her petition to modify (§ 388) an order bypassing family reunification services with her child K.L., a person coming under the juvenile court law. (§§ 300, subd. (b); 361.5, subd. (b)(13).) We conclude, among other things, that 1) the trial court did not abuse its discretion by denying Mother's section 388 modification petition, and 2) it did not err by terminating Mother's parental rights and finding the child was adoptable. We affirm.

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

FACTS On January 7, 2014, the San Luis Obispo County Department of Social Services (DSS) filed a juvenile dependency petition (§ 300, subd. (b)), alleging Mother failed to protect K.L., a two-year-old girl, from abuse and neglect. On January 3, Mother was arrested for using and being under the influence of a controlled substance, methamphetamine, and "[w]illful [c]ruelty" to a child. The little girl was dirty and hungry. She was in a car outside a fast food restaurant and she had a large bruise on her forehead. Mother was asleep in the car. When law enforcement arrived, Mother was "fidgeting" and "appeared confused." DSS placed the child "into protective custody" because of Mother's "chronic substance abuse problem." On January 8, 2014, the trial court ruled that K.L. "is a person described by Section[] 300 . . . [subdivisions (b) and (g)]," and that "detention of the minor[] is required." In its revised findings and orders after dispositional hearing, the trial court found: 1) K.L.'s "out-of-home placement is necessary," and 2) the "current placement is appropriate." K.L.'s father was convicted of robbery in 2011. He was released from state prison on March 14, 2014. DSS recommended father not receive family reunification services because: 1) he had "a violent criminal history," 2) he "never had a relationship with [K.L.]," and 3) "reunification with him would not be in [K.L.'s] best interest." It recommended Mother be bypassed from receiving reunification services because of her chronic drug abuse problem and her resistance to treatment. At a contested hearing, Mother testified that using "meth" was part of her "lifestyle" from 1999 until August 2010. She next used methamphetamine in November 2013. She was arrested for "being under the influence" when she was pregnant with K.L. Her parental rights to another child were previously terminated because of her drug abuse problem. She said she used methamphetamine four times since November 2013. Mother testified she received "a great deal of education about how to deal with [her] addiction."