In re C.D. CA2/5

Filed 11/5/15 In re C.D. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re C.D., a Person Coming Under the B263722 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK84145)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

G.D.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Debra L. Losnick, Juvenile Court Referee. Affirmed. Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent. _________________________

G.D. (mother) appeals from the dependency court’s April 14, 2015 order terminating her parental rights under Welfare and Institutions Code section 366.261 and selecting adoption as the permanent plan for her son, C.D. Mother contends the court erred when it found no statutory exception applied to prevent termination of her parental rights. We affirm.

FACTS AND PROCEDURAL HISTORY

Mother has been on disability and taking prescription medications since the mid- 2000s, after a hip replacement and a broken neck. On August 18, 2010, she gave birth to C.D., who was born with opiates in his system and spent 21 days in the neonatal intensive care unit. C.D. has a biological father,2 but his birth certificate lists two women: mother and Mary Kay, his current caregiver. When C.D. was almost a year old, the Los Angeles County Department of Children and Family Services (Department) learned that mother had a history of drug abuse, including heroin and prescription drugs. Mother claimed she had been sober for 16 years, but relapsed on heroin for the last 9 months. The Department opened a voluntary family maintenance case in July 2011, and closed the case in December 2011, with mother being minimally compliant with the case plan. A February 2012 referral of emotional and physical abuse by mother was closed as unfounded. According to Mary Kay, she and mother separated in the summer of 2012, and because she and mother were not married, she had to give up any parental rights to C.D. After living separate from Mary Kay for about seven months, mother and C.D. returned to live with Mary Kay in December 2012, although Mary Kay acknowledged she and mother were no longer a couple. Around the same time, the Department found