In re K.A. CA1/5

Filed 1/11/16 In re K.A. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re K.A. et al., Persons Coming Under the Juvenile Court Law.

MARIN COUNTY HEALTH AND HUMAN SERVICES, Plaintiff and Respondent, A144894, A145722 v. (Marin County Super. Ct. J.M., Nos. JV25769A, JV25770A) Defendant and Appellant.

J.M. (formerly J.C.; Mother) appeals orders denying her petition under Welfare and Institutions Code section 3881 for reinstatement of services, granting her children’s section 388 petition for reduced visitation, and terminating her parental rights.2 We affirm the orders denying Mother’s section 388 petition and terminating her parental rights. Therefore, we need not address the order granting the children’s section 388 petition.

1 Undesignated statutory references are to the Welfare and Institutions Code. 2 Orders regarding the section 388 petitions are the subject of appeal No. A144894, and the order terminating parental rights is the subject of appeal No. A145722. By order filed concurrently herewith, the two appeals have been consolidated for purposes of decision.

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I. BACKGROUND In a prior nonpublished opinion, J.C. v. Superior Court (May 20, 2015, A143218), we reviewed the history of this dependency case and affirmed the trial court’s prior orders terminating Mother’s reunification services and setting a section 366.26 hearing. We briefly summarize the case background, which was more fully discussed in our prior opinion. Mother had a history of substance abuse, mental health problems, and domestic violence. Her older children, a set of triplets, had been removed from her care in March 2009 and returned a year later. In April 2013, the triplets and Mother’s younger children, six-month-old twins who are the subject of this dependency proceeding, were removed from Mother’s care and she was offered reunification services. In September 2014, the court terminated Mother’s services and set a section 366.26 hearing for the twins. In the meantime, Mother’s parental rights to the triplets were terminated. In reviewing the order setting the section 366.26 hearing for the twins, we wrote: “Mother’s performance under the case plan [for the twins] was abysmal. Shortly after the twins’ placement in protective custody, she started using methamphetamine and lived with [the twins’ father (Father)] despite his continuing violence. She became paranoid and resisted substance abuse treatment. Although Mother entered an inpatient treatment program in June 2013, she was discharged in September after she engaged in an argument with other residents, broke a staff member’s finger, and physically resisted the twins’ being taken into protective custody. In October, Mother returned to Father despite his continuing violence against her and resumed using drugs. She enrolled in another residential treatment program but was discharged for hiding Father in her room. She then lived with Father on the streets, caused disruptions at her parents’ house and threatened the social worker, leading to two separate restraining orders and the termination of her parent advocate services. She returned to drug use and life on the streets until she finally entered a third inpatient treatment program in March 2014. [¶] . . . She continued to harass her parents despite a restraining order and admonitions from the court. She declined psychotropic medications until about late July. . . . Mother’s problems remained