In re A.R. CA3

Filed 9/15/16 In re A.R. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

In re A.R., a Person Coming Under the Juvenile Court C078891 Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. J06267) AGENCY,

Plaintiff and Respondent,

v.

E.J.,

Defendant and Appellant.

Appellant E.J., mother of the minor A.R., appeals from the juvenile court’s order terminating her parental rights and freeing the minor for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 She contends the juvenile court erred in finding that the beneficial parental relationship exception to adoption did not apply. We shall affirm.

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

1

I. BACKGROUND Minor A.R. was born in April 2012. Although she was full term, she weighed less than four pounds at birth, had placenta previa, and was born with symptoms of fetal alcohol syndrome. Mother admitted drinking alcohol during her pregnancy. For three months after the minor’s birth, mother agreed to participate in voluntary family maintenance. Thereafter, the case was closed. On March 28, 2013, eight months after voluntary services were closed, the minor was taken into protective custody. Mother had been intoxicated, unable to maintain her balance, and dropped the minor twice to the ground, causing the minor to sustain injury to her head. Mother was charged with public intoxication and felony child abuse. On April 2, 2013, the San Joaquin County Human Services Agency (the Agency) filed a section 300 petition on behalf of the minor. In addition to allegations relating to the March 28, 2013, incident, the petition alleged that mother had an extensive history of substance abuse, primarily alcohol, which had resulted in the removal and termination of services for three of the minor’s half siblings, and the termination of parental rights to a fourth half sibling. The juvenile court sustained the allegations in the petition. Mother, who had been incarcerated since the minor was placed into protective custody, was released from incarceration on July 19, 2013. There was a criminal protective order in effect, so mother was not able to visit with the minor. On August 8, 2013, the Agency filed a disposition report recommending mother be bypassed for reunification services pursuant to section 361.5, subdivision (b)(10) [termination of reunification services with half siblings], and (11) [termination of parental rights for half siblings], as she had failed to make reasonable efforts to treat her ongoing and long history of substance abuse. The disposition hearing commenced on November 4, 2013. Mother testified regarding her previous efforts in treatment programs, her relapses, and her current efforts