In re J.B. CA2/6

Filed 12/16/20 In re J.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re J.B. a Person Coming 2d Juv. No. B306805 Under the Juvenile Court Law. (Super. Ct. No. 19JV00210) (Santa Barbara County) SANTA BARBARA COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. P.B., Defendant and Appellant.

P.B., the biological mother of J.B., appeals the juvenile court’s order terminating her parental rights and freeing her son, J.B., for adoption. (Welf. & Inst. Code, § 366.26).1 We affirm.

All statutory references are to the Welfare and 1

Institutions Code.

Procedural History Appellant suffers from bipolar disorder and substance abuse (methamphetamine) that resulted in the May 31, 2019 detention of two-year-old J.B. Appellant was under the influence of methamphetamine, shrieking, and suffering extreme vacillating emotions. Nine days earlier, appellant was using methamphetamine, physically abusing J.B., and threatened to jump off a bridge with the infant. There were reports that appellant left J.B. alone in a room for hours, strapped to a car seat. The trial court sustained a petition for failure to protect (§ 300, subd. (b)(1)) and abuse of a sibling (§ 300, subd. (j)), and bypassed services based on appellant’s failure to reunify with a half-sibling (§ 361.5, subds. (b)(10) & (b)(11)). Services were provided for the biological father who was homeless but terminated at the six month review hearing for failure to follow the case plan. Appellant requested a contested permanent placement hearing (§ 366.26), based on the theory that J.B. was not adoptable, and was asked to submit an offer of proof. At the 366.26 hearing, appellant’s trial attorney said, “I’ve gone over the reports and records, as well as delivered service logs. I was unable to file an offer of proof.” Appellant submitted on the section 366.26 report which recommended adoption. The trial court found the evidence was clear and convincing that J.B. was likely to be adopted and terminated parental rights.