In re M.O. CA3

Filed 8/21/15 In re M.O. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

In re M.O., et al., Persons Coming Under the Juvenile C078872 Court Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. J06661) AGENCY,

Plaintiff and Respondent,

v.

R.T.,

Defendant and Appellant.

R.T., mother of the minors M.O. and J.T., appeals from the juvenile court’s orders terminating her parental rights. (Welf. & Inst. Code, §§ 395, 366.26.)1 Mother contends the juvenile court violated her due process right to parent her children by terminating her

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

1

parental rights after the San Joaquin County Human Services Agency (the Agency) failed to “carry out” the court orders for supervised telephone contact with the minors, which in turn precluded mother from asserting the beneficial relationship exception at the section 366.26 hearing. We affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Detention, Jurisdiction, and Disposition In January 2014, mother and Ru.T. (J.T.’s father) fled their home when law enforcement arrived to conduct a probation search of the property. They left behind three children: I.O. (13 years old),2 M.O. (10 years old), and J.T. (3 years old). The minors were detained and taken into protective custody. The Agency filed juvenile dependency petitions on their behalf alleging multiple counts including failure to protect the children, failure to provide support for the children, and the parents’ history of drug abuse. On February 4, 2014, the juvenile court assumed jurisdiction over the minors. Mother was not present at the hearing, her whereabouts were unknown. On March 11, 2014, the juvenile court adopted the Agency’s recommendation to bypass reunification services based on mother abandoning the minors. (§ 361.5, subd. (b)(1).) Again, mother was not present at the hearing and her whereabouts were still unknown. The Agency later learned mother had been arrested on March 7, 2014, and incarcerated in the Santa Clara County Jail. Mother was transported to the Sacramento County Main Jail on March 13, 2014, pending federal criminal charges. Approximately two weeks later, mother contacted the Agency and said she would likely receive an 18 month prison sentence, nine months of which would be served in a drug treatment