In re Rachel M. CA5

Filed 4/3/13 In re Rachel M. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

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

KERN COUNTY DEPARTMENT OF F066113 HUMAN SERVICES , (Super. Ct. No. JD126054) Plaintiff and Respondent, v. OPINION AMANDA M., Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Louie L. Vega, Judge. Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant. Theresa A. Goldner, County Counsel, and Jennifer E. Feige, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Franson, J., and Peña, J.

INTRODUCTION Amanda M. (mother) appeals from the juvenile court’s orders denying her petition pursuant to Welfare and Institutions Code section 388,1 finding adoption as the permanent plan for her child, Rachel M., and terminating mother’s parental rights. We reject mother’s contentions and affirm the juvenile court’s orders.

FACTS AND PROCEEDINGS

Initial Proceedings On February 18, 2011, the Kern County Department of Human Services (department) detained Rachel M., who was four years old.2 On or about February 24, 2011, a petition was filed pursuant to section 300 alleging that Rachel was at substantial risk of physical harm because mother was abusing substances, suffered from a mental illness, “flips out,” failed to get adequate treatment for her mental illness, and could not provide Rachel with regular care. The petition further alleged Rachel was at substantial risk of harm because of mother’s willful or negligent failure to properly maintain the residence, which was filthy and full of cockroaches. The petition alleged mother’s residence was filthy and unhealthy because it was filled with spiderwebs containing dead cockroaches, cookware that was covered in cockroach droppings, and dead cockroaches in the refrigerator. The petition further alleged that mother failed to provide Rachel with adequate medical care, food, clothing, and shelter. Mother has a history of residing with her children in dirty homes, having unstable housing, and receiving preventative services in the past that have not been successful.