T.M. v. Super. Ct. CA1/4

Filed 4/30/15 T.M. v. Super. Ct. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

T.M., Petitioner, v. THE SUPERIOR COURT OF A144208 MENDOCINO COUNTY, (Mendocino County Respondent, Super. Ct. No. SCUK-JVSQ-14-17080) MENDOCINO COUNTY DEPARTMENT OF SOCIAL SERVICES, Real Party in Interest.

T.M., the mother of J.B., age six months, seeks to set aside the juvenile court’s order setting a permanent plan hearing pursuant to Welfare and Institutions Code,1 section 366.26. She contends that the evidence is insufficient to support the findings to bypass reunification services pursuant to the provisions of subdivisions (b)(11) and (b)(13) of section 361.5. We deny the petition. I. FACTUAL BACKGROUND J.B. was born in October 2014 and tested positive for marijuana. On October 15, 2014, the Mendocino County Health & Human Services Agency (the Agency) filed a section 300 petition alleging that mother had a chronic substance abuse history, including use of methamphetamine and marijuana, and a pattern of criminal 1 Unless otherwise indicated, all further statutory references are to the Welfare and Institutions Code.

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arrests which severely impaired her ability to care for and supervise J.B. The petition further alleged that mother and J.B. tested positive for marijuana in the hospital upon J.B.’s birth. The petition also alleged that mother was arrested on October 14, 2014, and was currently incarcerated in the county jail. As to J.B.’s father, the petition alleged that he had a chronic substance abuse history impairing his ability to provide adequate care and supervision for J.B., that he had a criminal arrest history, and that he was arrested in February 2014 and remained incarcerated in the county jail. Further, the petition alleged that parents did not have appropriate housing and that they could not provide J.B. with a stable home. Finally, the petition noted that parents’ parental rights were terminated as to J.B.’s two siblings. On October 15, 2014, the court ordered J.B. detained and placed in foster care. The Agency’s report for the jurisdictional hearing indicated that section 361.5, subdivision (b), was applicable and that reunification services could be bypassed based on the failure of parents to reunify with J.B.’s siblings in a prior dependency proceeding. Mother admitted to the Agency that she began using methamphetamine at about age 18 and continued to use the drug regularly. She participated in the Family Dependency Drug Court beginning in May 2013 but was terminated from the program in August 2013 due to noncompliance. She also failed at residential treatment and outpatient drug programs. The Agency also reported that parents were incarcerated in the county jail. Mother’s probation had been revoked and she faced four felony charges including burglary, petty theft, forgery, and possession of stolen property. Father was currently serving a term of 48 months in the county jail following a probation revocation. He was arrested in February 2014 for violating probation, possession of marijuana for sale, and receipt or possession of stolen property. Parents had chronic substance abuse histories including abuse of methamphetamine, marijuana, and prescription opiates. Mother acknowledged her use of marijuana during her pregnancy, but claimed that her doctor recommended marijuana for labor pains. On November 10, 2014, the Agency filed a request for judicial notice of the April 1, 2014, order terminating the parental rights of parents to J.B.’s siblings in case