In re K.A. CA3

Filed 9/12/22 In re K.A. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

In re K.A., a Person Coming Under the Juvenile Court C095721 Law.

PLACER COUNTY DEPARTMENT OF HEALTH (Super. Ct. No. 53005069) AND HUMAN SERVICES,

Plaintiff and Respondent,

v.

A.H.,

Defendant and Appellant.

A.H., mother of the minor K.A., appeals from the juvenile court’s order terminating her parental rights and freeing the minor for adoption. (Welf. & Inst. Code, §§ 366.26, 385.)1 Citing In re Caden C. (2021) 11 Cal.5th 614 (Caden C.), mother

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

1

argues the court erroneously considered (1) her current ability to provide for the minor’s care and (2) her progress with her case plan when it found the beneficial parental relationship exception did not apply. (§ 366.26, subd. (c)(1)(B)(i).) Because the record does not disclose that the juvenile court’s decision complies with the Supreme Court’s directions in Caden C., we will reverse the order terminating parental rights and remand for reconsideration consistent with the principles articulated in Caden C. FACTUAL AND PROCEDURAL BACKGROUND We provide a limited recitation of the factual and procedural background. In May 2020, the Placer County Department of Health and Human Services (Department) filed a section 300 petition on behalf of the then three-year-old minor, alleging mother was abusing methamphetamine and was unable to appropriately care for the minor. Father was incarcerated at the time.2 Mother entered a month-long inpatient treatment program in March 2020, and the minor moved in with maternal grandmother. The minor did well with maternal grandmother and was “very happy.” Mother resumed abusing methamphetamine and marijuana in April 2020. In May 2020, the juvenile court detained the minor, placed him in maternal grandmother’s care, and ordered services and supervised visits twice per week for mother. Over the next six months, mother again tested positive for methamphetamine and she returned to inpatient treatment. Although father had been released from prison, he declined to engage with the Department. The minor continued to do well living with maternal grandmother.