In re H.N. CA3

Filed 10/23/20 In re H.N. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

In re H. N., a Person Coming Under the Juvenile C091968 Court Law.

BUTTE COUNTY DEPARTMENT OF (Super. Ct. No. 19DP00167) EMPLOYMENT AND SOCIAL SERVICES,

Plaintiff and Respondent,

v.

S. N.,

Defendant and Appellant.

Appellant S. N., mother of the minor H. N., appeals from the juvenile court’s denial of her petition for modification of the court’s order bypassing her for reunification services and setting a termination of parental rights hearing. (Welf. & Inst. Code,1

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

1

§§ 388, 361.5, subd. (b)(11), 366.26.) Mother contends the juvenile court abused its discretion in denying her petition for modification because she showed both changed circumstances and the proposed modification would be in the minor’s best interests. Mother argues, due to the error, she is entitled reunification services or return of the minor. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A Section 300 Petition On July 8, 2019, mother was arrested for driving erratically at high speeds while minor, then 14 months old, and his older half sibling E. H.2 were unrestrained in the car. Drug paraphernalia with heroin residue was found within the car accessible to the children, who were extremely dirty. Minor was detained and the Butte County Health and Human Services Agency (Agency) filed a juvenile dependency petition alleging the minor came within the jurisdiction of the juvenile court under section 300, subdivisions (b), (g), and (j). The petition alleged mother had a substance abuse problem dating back to at least 2011 which prevented her from providing a safe and stable home for the minor and contributed to her subjecting the minor “to unsafe driving, as a passenger, in a vehicle on a least two known occasions,” for which she was then being held in jail. The petition also alleged, among other allegations, mother’s parental rights were terminated in 2015 for the minor’s half sibling.