In re D.C. CA2/6

Filed 12/1/21 In re D.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.C., a Person Coming 2d Juv. No. B311767 Under the Juvenile Court Law. (Super. Ct. No. J072398) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

B.C.,

Defendant and Appellant.

B.C. (father) appeals both the juvenile court’s order denying his Welfare and Institutions Code section 3881 petition without an evidentiary hearing and the judgment terminating his parental rights to his daughter, D.C. Father contends the court

All further statutory references are to the Welfare and 1

Institutions Code.

erred by finding (1) he failed to make a prima facie case warranting a hearing and (2) the parental benefit exception to the termination of parental rights did not apply. We conclude neither contention has merit and affirm. FACTUAL AND PROCEDURAL BACKGROUND Both of D.C.’s parents have an extensive history of heroin and methamphetamine use. Shortly after her birth in January 2020,2 D.C. began showing signs of withdrawal. She was admitted to the hospital’s neonatal intensive care unit and given methadone. HSA initially agreed to handle the case outside of court if mother voluntarily agreed to treatment at a facility. When parents failed to appear for their appointment on February 3, D.C. was taken into protective custody. D.C. was temporarily placed with a relative and then placed with her paternal uncle and aunt on February 14. She continues to live with them and their three daughters. The juvenile court ordered family reunification services for both parents. At the six-month review hearing on August 18, the social worker reported that mother had attended five alcohol and drug group sessions but missed three others and failed to take 11 of her random drug tests. Father’s participation also was inadequate. He attended some NA/AA meetings, but failed to participate in counseling, stopped attending parenting classes and took only five of 11 drug tests. Despite these deficiencies, HSA recommended that parents’ reunification services be continued and scheduled a 60- day interim hearing to evaluate their progress.