In re C.H. CA3

Filed 9/27/22 In re C.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

In re C.H. et al., Persons Coming Under the Juvenile C094526, C094626 Court Law.

BUTTE COUNTY DEPARTMENT OF (Super. Ct. Nos. 20DP00001, EMPLOYMENT AND SOCIAL SERVICES, 20DP00002, 20DP00003, 20DP00004) Plaintiff and Respondent,

v.

T.S.,

Defendant and Appellant.

T.S., mother of the minors (mother), appeals from the juvenile court’s orders terminating parental rights and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 Mother claims the juvenile court erred in finding the beneficial

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

1

parental relationship exception to adoption did not apply. We conclude mother forfeited her challenge but in any event there was no miscarriage of justice. We will affirm the juvenile court’s orders. BACKGROUND During the relevant time period, mother’s children included Ch. (one month old), Ca. (three years old), Co. (four years old), and C.N. (12 years old) (the minors). Mother experienced domestic violence at the hands of the minors’ father, C.H., Sr. (father), even though criminal protective orders were in place. Mother and the minors came to the attention of the Butte County Department of Employment and Social Services (Department) when mother gave birth to the youngest minor and the newborn’s lab results were positive for methamphetamine and amphetamine. Mother left the hospital with the minor against medical advice and without any money for food or transportation. Social Worker Natasha Chronister and several law enforcement officers went to mother’s residence. Mother denied having used methamphetamine more than once during her pregnancy and refused to drug test. She became irate and aggressive toward Chronister and the officers and was eventually arrested. The minors were detained. Later that day, mother tested positive for methamphetamine. The Department’s attempts to locate father were unsuccessful. On January 2, 2020, the Department filed dependency petitions on behalf of each of the four minors pursuant to section 300, subdivisions (b) and (g). The petitions alleged mother failed to protect the minors based on her substance abuse and the domestic violence perpetrated against her by father. The juvenile court ordered the minors detained and subsequently sustained the petitions, declaring the minors dependents of the juvenile court. According to the disposition report, the minors were placed with the paternal grandmother as an emergency placement. Father was in custody on domestic violence charges and mother had been arrested in February 2020 for obstructing a public officer.