In re J.H. CA3

Filed 5/27/21 In re J.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

In re J.H., a Person Coming Under the Juvenile Court C092028 Law.

SHASTA COUNTY HEALTH AND HUMAN (Super. Ct. No. SERVICES AGENCY, JVSQ3155301)

Plaintiff and Respondent,

v.

P.H.,

Defendant and Appellant.

Appellant P.H., father of the minor, appeals from the juvenile court’s orders terminating parental rights and freeing the minor for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 He contends the juvenile court’s finding that the minor is adoptable is not supported by the evidence. We disagree and will affirm.

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

1

BACKGROUND We limit our recitation of the facts to those necessary for resolution of the issue on appeal and incorporate additional relevant facts in the Discussion. In May 2019, the Shasta County Health and Human Services Agency (Agency) received a report that the then five-year-old minor had put his hands down another student’s pants. The minor also reported father’s girlfriend had engaged in sexual acts with him, that he had seen sexual acts, and that father had exposed him to pornography. An investigation revealed father had extensive criminal and child welfare histories and had lost custody of his other children. A safety plan was made with the paternal grandmother caring for the minor, but it was discovered that the paternal grandmother was no longer protecting the minor from father. The minor was placed into protective custody and the Agency filed a section 300 petition on behalf of the minor based on father’s criminal history and ongoing substance abuse issues, which had caused him to lose custody and parental rights to other children. The petition also alleged that minor’s mother had ongoing substance abuse issues, which had caused her to lose parental rights over other children, and that mother’s whereabouts were unknown. Neither parent appeared at the initial hearing or at the combined jurisdiction/disposition hearing. The Agency had lost track of father’s whereabouts between the two hearings. The juvenile court took jurisdiction, declared the minor a dependent child of the court, ordered him removed from parental custody, bypassed parents for reunification services pursuant to section 361.5, subdivisions (b)(1), (10), (11) and (13), and set a section 366.26 hearing for December 6, 2019. The Agency’s November 26, 2019 section 366.26 report noted that although parents had been provided with court-ordered supervised visitation, neither parent had visited the minor since his detention. The minor had been in his current foster home since August 12, 2019, and the caregivers wished to adopt him. The minor had been diagnosed with, and prescribed medication for, attention deficit hyperactivity disorder