In re F.V. CA5

Filed 2/9/22 In re F.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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 F.V., a Person Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F082919 SOCIAL SERVICES, (Super. Ct. No. 16CEJ300075-1) Plaintiff and Respondent,

v. OPINION E.G.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Kimberly J. Nystrom-Geist, Judge. Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Detjen, J. and Smith, J.

In this juvenile dependency case, E.G. (mother), appeals the juvenile court’s order terminating her parental rights to her now 16-year-old daughter, Faith. (Welf. & Inst. Code, § 366.26.)1 Mother contends the order must be reversed because the juvenile court erred in not applying the beneficial parent-child relationship exception to the termination of her parental rights. (§ 366.26, subd. (c)(1)(B)(i).) We affirm. PROCEDURAL AND FACTUAL SUMMARY Prior Juvenile Dependency Case In March 2016, Faith and her nine-year-old brother, Nicholas, were removed from mother’s custody after they attended a Wednesday night Bible study and mother told the church driver who transported them not to bring them back home but to contact child protective services. The church pastor and driver tried to reason with mother but she was insistent that she did not want the children. Law enforcement was contacted and a protective hold was placed on them. The juvenile court adjudged the children dependents and ordered mother and Jerry, the children’s father, to participate in parenting, substance abuse, mental health, and domestic violence services. In October 2016, mother successfully completed residential substance abuse treatment and in January 2017 transitioned from sober living. In March 2017, the children were placed with mother and she was provided family maintenance services. In June 2017, the juvenile court dismissed its dependency jurisdiction over them and granted mother sole legal and physical custody. Current Dependency Case: Detention On May 21, 2020, the Fresno County Department of Social Services (department) received a referral alleging mother neglected the children and physically abused Nicholas. Approximately two weeks before, mother and Nicholas were engaged in an aggressive argument which resulted in Nicholas getting his fingers slammed by the