In re C.B. CA2/6

Filed 1/25/16 In re C.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.B., a Person Coming Under the 2d Juv. No. B265473 Juvenile Court Law. (Super. Ct. No.1436081) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD WELFARE SERVICES,

Plaintiff and Respondent,

v.

AMANDA V.,

Defendant and Appellant.

A.V. (mother) appeals from the juvenile court order denying her Welfare and Institutions Code section 3881 petition to modify an order bypassing family reunification services with her 21-month-old son, C.B. (§§ 300, subd. (b); 361.5, subd. (b)(13).) The court terminated the parental rights of mother and C.B.'s father, M.B., who is not a party to this appeal. (§ 366.26.) Mother contends that the trial court abused its discretion by denying her section 388 modification petition. We affirm.

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

FACTS2 On July 7, 2014, Child Welfare Services (CWS) filed a petition alleging that mother and father failed to protect and support their infant son, C.B., who was born in August 2013. (§ 300, subds. (b), (g).) C.B. had tested positive for opiates and morphine at birth, and suffered from rigidity, respiratory distress, and severe withdrawal symptoms which required his placement in a neonatal intensive care unit. The petition further alleged that mother and father suffered from substance abuse, and relapsed following treatment, and were unable to provide regular care for C.B. CWS detained C.B. on July 2, 2014, after mother was arrested for violating probation by testing positive for opiates. On July 8, 2014, the juvenile court found that C.B. was a person described by section 300 and ordered his continued detention. On August 28, the court sustained the section 300 petition and scheduled a disposition hearing. In its disposition report, CWS asked the court to bypass services for mother pursuant to section 361.5, subdivision (b)(13), based on her extensive, chronic substance abuse and history of resistance to court-ordered treatment. On September 11, 2014, the juvenile court denied reunification services for mother, pursuant to section 361.5, subdivision (b)(13), and granted her supervised visits. The court ordered father to participate in reunification services and set a six-month review hearing for March, 2015. During the March 25 hearing, father testified that he was actively using drugs. The court terminated his services and set a section 366.26 permanency planning hearing for May 21. On March 25, 2015, mother filed a section 388 petition asking the court to change its order bypassing reunification services for her. Among other things, she alleged she was employed, had completed her outpatient drug program and a parenting program, and was regularly testing clean. She also alleged that C.B. called her mother