In re Damien v. CA5

Filed 3/24/21 In re Damien V. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re DAMIEN V., a Person Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF F081593 HUMAN SERVICES, (Super. Ct. No. JD139215-0) Plaintiff and Respondent,

v. OPINION DANA R.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Raymonda B. Marquez, Judge. Law Offices of Vincent W. Davis & Associates and Vincent W. Davis for Defendant and Appellant. Margo A. Raison, County Counsel, and Bryan C. Walters, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Peña, J. and De Santos, J.

In this juvenile dependency case, Dana R. (mother) appeals the juvenile court’s order terminating her parental rights as to her minor child, Damien V. (Welf. & Inst. Code,1 § 366.26). Mother contends the order must be reversed because the juvenile court erred by failing to apply the beneficial parent-child relationship exception to termination of parental rights (§ 366.26, subd. (c)(1)(B)(i)). We affirm. FACTUAL AND PROCEDURAL BACKGROUND Damien was born in February 2019, and he and mother both tested positive for methamphetamine at the time of his birth. A referral was made to the Kern County Department of Human Services (department). Mother admitted to the reporting social worker to using methamphetamine two days prior to Damien’s birth. Mother explained she had used methamphetamine every day since she was 16 years old but had completed a substance abuse program and had had a period of two years’ sobriety. Mother had a lengthy child welfare history, dating back to 2010. Her parental rights had been terminated as to four other children through dependency proceedings due to issues regarding substance abuse and domestic violence. Mother also had a felony conviction for possession of methamphetamine from 2011 and was registered as a narcotics offender. Mother and father2 lived together. Father denied drug use but said he did consume alcohol and took medication for depression. On February 6, 2019, the department filed a petition on behalf of Damien alleging he came within the juvenile court’s jurisdiction under section 300, subdivision (b)(1) (failure to protect) because of mother’s failure to protect Damien due to her substance abuse and under subdivision (j) (abuse of siblings) because of mother’s child welfare history relating to Damien’s siblings.