In re M.T. CA3

Filed 5/3/22 In re M.T. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re M.T., a Person Coming Under the Juvenile Court C095114 Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. No. JD240030) CHILD, FAMILY AND ADULT SERVICES,

Plaintiff and Respondent,

v.

K.N.,

Defendant and Appellant.

K.N., mother of the minor (mother), appeals from the juvenile court’s order denying her petition to modify prior orders and terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395.)1 We will affirm the juvenile court’s orders.

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

1

BACKGROUND The minor, M.T., came to the attention of the Sacramento County Department of Child, Family and Adult Services (Department) in August 2019 when she, along with mother, tested positive for methamphetamine at her birth. Mother, who had a long history of methamphetamine use, admitted she had used methamphetamine the day before giving birth. Mother claimed she used the drug to stay awake and control pain, adding that it was “only a one-time slip, it’s not the end of the world. I am allowed to make [a] mistake, I am not perfect.” During the social worker’s interview of mother in the hospital, mother became agitated and angry when questioned about a pending dependency case in Yolo County involving the minor’s half sibling, H.N. She began to cry and yell at the social worker, clutching the minor to her chest and refusing to allow the social worker to take the child. The minor’s father, Michael T. (father), came out of the bathroom in mother’s room where he had been hiding. Mother admitted she had a history of drug use and domestic violence but claimed she had stopped using on her own and without treatment in the past and did not need the court’s involvement to “ ‘make me to do anything.’ ” She also claimed she could provide for the minor while at the same time admitting she was homeless. The social worker required police assistance in order to calm mother down and detain the minor, who was placed in protective custody. Father was mother’s live-in boyfriend and admitted using methamphetamine with mother the day before the minor’s birth. He also admitted he had a history of abusing methamphetamine, marijuana, and alcohol, and that he used methamphetamine with and without mother. On August 19, 2019, the Department filed a dependency petition on behalf of the minor pursuant to section 300, subdivisions (b) and (j). The petition alleged, pursuant to subdivision (b), that mother failed to protect the minor due to mother’s continuing substance abuse issues from which she failed and refused to rehabilitate, as well as