In re O.G. CA3

Filed 11/23/20 In re O.G. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re O.G. et al., Persons Coming Under the Juvenile C091307 Court Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. Nos. CHILD, FAMILY AND ADULT SERVICES, JD238321, JD238322)

Plaintiff and Respondent,

v.

T.D.,

Defendant and Appellant.

Appellant T.D., mother of the minors, appeals from the juvenile court’s orders terminating parental rights and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 Her sole contention on appeal is that the juvenile court employed an

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

1

incorrect analysis in finding the beneficial parental relationship exception to adoption does not apply in this case. We shall affirm. BACKGROUND We dispense with a detailed recitation of the factual and procedural background as it is unnecessary to the resolution of this appeal. We set forth additional relevant facts in the Discussion. On July 31, 2017, the Sacramento County Department of Child, Family and Adult Services (Department) filed section 300 petitions on behalf of the then one- and two- year-old minors based on parents’ ongoing substance abuse. The petitions were subsequently amended to include allegations of ongoing domestic violence between the parents. The minors were taken into protective custody on July 31, 2017, and, in November 2017, placed in their current foster home where they remained throughout these proceedings. The juvenile court took jurisdiction, declared the minors dependents of the court, and ordered family services for parents. Having dismissed the substance abuse allegation in the petitions relating to father, the juvenile court initially ordered the minors placed with father on the condition mother move out of the family home. Prior to the minors’ return to father’s custody, however, the Department filed section 387 supplemental petitions and the minors were again ordered detained. The petitions were sustained, the minors were ordered to remain in out-of-home placement with reunification services provided. Parents failed to reunify with the minors and a section 366.26 hearing was held in November 2019. The juvenile court took the matter under submission and issued its orders on January 3, 2020. The juvenile court found both minors adoptable, rejected mother’s arguments that the beneficial parental relationship exception or sibling exception to adoption applies in this case, and terminated parental rights.