In re N.D. CA6

Filed 12/29/20 In re N.D. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re N.D., a Person Coming Under the H047842 Juvenile Court Law. (Monterey County Super. Ct. No. 18JD000096)

MONTEREY COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

E.D. et al.,

Defendants and Appellants.

In this dependency action, the mother and father of N.D. filed post-permanency petitions to have N.D. returned to their care or for reunification services to be reinstated. The juvenile court denied the petitions, and entered an order under Welfare and Institutions Code section 366.26 terminating parental rights and selecting adoption as the permanent plan for N.D. On appeal, the mother of N.D. argues that the juvenile court’s denial of her petition was an abuse of discretion, and both parents argue the order terminating their parental rights should therefore be reversed. Finding no abuse of discretion, we will affirm. I. BACKGROUND Mother gave birth to N.D. in June 2018. N.D. was premature, he tested positive for methamphetamine, and was placed in the neonatal intensive care unit. A mandated

reporter contacted the Monterey County Department of Social Services, concerned that mother’s drug use would impact her ability to care for N.D. After unsuccessful attempts to develop a safety plan, N.D. was discharged into protective custody when he was 19 days old, and detained in a foster home. The Department filed a petition under Welfare and Institutions Code section 300, subdivision (b) alleging N.D. has suffered, or there was a substantial risk that he will suffer, serious physical harm or illness as a result of his parents’ failure to protect him. The petition alleged both parents were homeless; mother had a long history of methamphetamine abuse and had used methamphetamine when pregnant with N.D.; mother had refused prenatal care while pregnant with N.D.; mother went into premature labor as the result of an automobile accident caused by father, resulting in N.D. being born at 32 weeks gestation; mother and N.D. tested positive for methamphetamine at N.D.’s birth; N.D. exhibited methamphetamine withdrawal symptoms; mother had a child welfare history of neglecting her four older children who were no longer in her care; father had been physically aggressive toward mother in the past; and mother’s sister had obtained a stay away order protecting her from father due to his aggressive behavior. According to the jurisdiction/disposition report, the father of mother’s three oldest children was deceased and those children were in the care of their paternal grandmother under a legal guardianship. Mother’s fourth child was living with his father. The petition was sustained at the jurisdiction/disposition hearing in August 2018. N.D. was declared a dependent of the juvenile court and ordered removed from his parents’ custody. Reunification services and visitation were ordered for mother and father. Reunification services were continued at the court’s six-month review in March 2019. Mother had graduated from an inpatient treatment program in January. She had maintained regular communication with the Department, was residing in a sober living environment, and her visits with N.D. were consistent. Father was released from custody 2