In re U.M. CA3

Filed 6/10/16 In re U.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

In re U. M. et al., Persons Coming Under the Juvenile C080797 Court Law.

SUTTER COUNTY DEPARTMENT OF HUMAN (Super. Ct. Nos. SERVICES, DPSQ100006589, DFPSQ100006590, Plaintiff and Respondent, DPSQ140006976)

v.

M. M.,

Defendant and Appellant.

Marian M., mother of the minors, appeals from orders of the juvenile court terminating her parental rights. (Welf. & Inst. Code,1 §§ 366.26, 395.) Mother argues

1 Further undesignated statutory references are to the Welfare and Institutions Code.

1

the court erred in failing to find she had established the beneficial parental relationship exception to the preference for adoption. We affirm. FACTS In December 2014, the Sutter County Department of Human Services (Department) filed a petition to detain the minors, U. M., age 10; A. M., age 6; and M. M. age 3, alleging neglect, mother’s substance abuse, and mother’s arrest for possession of drugs. The evidence showed U. M. had been in guardianship with the maternal grandmother from 2006 to 2009 when she agreed to terminate the guardianship because mother had stopped using drugs. When mother relapsed in 2009, the maternal grandmother again sought guardianship several months after the minors were returned to her care. The maternal grandmother told the probate investigator that mother “comes and goes and really upsets the kids.” Mother also verbally abused U. M. The investigator spoke to U. M., who said his grandmother took care of him and did not hit or spank him. U. M. told the investigator that mother made him “ ‘do everything’ ” including cooking. Ultimately, the probate investigator found the maternal grandmother was not capable of acting as guardian for both U. M. and A. M. and referred the matter to the Department. In April 2010, as a result of the referral from the probate court, the Department filed a petition to remove the minors U. M., age 6, and A. M., age 2, from mother’s custody due to neglect and substance abuse. Mother participated in reunification services for 18 months and family maintenance services for an additional 12 months. In August 2012, the court dismissed the case, awarding sole custody of the minors to mother. In the summer and fall of 2014, there were ongoing reports of mother leaving the minors in the maternal grandmother’s care for extended periods. By December 2014, the home was filthy, mother was arrested on drug charges, and the three minors were removed under the current petition. At the detention hearing, the court ordered the minors detained and conditioned visits on mother testing clean.