In re Norma H. CA2/6

Filed 5/18/16 In re Norma H. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re NORMA H., a Person Coming Under 2d Juv. No. B267787 the Juvenile Court Law. (Super. Ct. No. J070452) (Ventura County) VENTURA COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. RAMON H. and SYLVIA H., Defendants and Appellants.

Ramon H. (father) and Sylvia H. (mother), the biological parents of Norma H. appeal from a juvenile court order terminating their parental rights to their five-year- 1 old daughter. (Welf. & Inst. Code, § 366.26.) Appellants contend that the trial court erred in finding that the beneficial parent-child relationship exception does not apply. (§ 366.26, subd. (c)(1)(B)(i).) We affirm. Facts and Procedural History On the evening of April 10, 2015, father was arrested for driving under the influence of alcohol with Norma in the car. Drenched in beer, father was driving with no headlights and had open containers of beer in the car. The officer found mother in the

1 All statutory references are to the Welfare & Institutions Code unless otherwise stated.

back seat with four-year-old Norma who was scared and crying. Mother was under the influence of a controlled substance and tested positive for methamphetamine. The maternal grandmother (Ofelia O.) was called and took custody of Norma as appellants were being arrested. On May 4, 2015, Ventura County Human Services Agency (HSA) filed a petition for failure to protect (§ 300, subd. (b)) and abuse of a sibling (§ 300, subd. (j)). The petition alleged that mother's parental rights were terminated with respect to Norma's half-sister after the sibling tested positive for amphetamine and opiates at birth. HSA reported that appellants had a long history of polysubstance abuse and domestic violence. Father was currently using methamphetamine and heroin, had a 30 year drug history, and had not completed court-ordered drug treatment. Appellants did not oppose the petition or appear at the June 3, 2015 jurisdiction/disposition hearing. The trial court sustained the petition and bypassed services based on father's chronic drug use and history of resisting court-ordered drug 2 treatment. (§ 361.5, subd. (b)(13).) Services were bypassed for mother for the same reasons and on the ground that parental rights were previously terminated with respect to Norma's half-sister. (§ 361.5, subd. (b)(10).) At the section 366.26 hearing, HSA recommended that parental rights be terminated and that Norma be freed for adoption. The trial court found that the parent- child beneficial relationship exception did not apply and terminated parental rights. Beneficial Parent-Child Relationship Appellant argues that the trial court erred in finding that the benefits of continuing the parent-child relationship do not outweigh the benefits of adoption. (See In re Bailey J. (2010) 189 Cal.App.4th 1308, 1314-1315.) We review for substantial evidence and determine whether the trial court abused its discretion. (Ibid.) "Because a