In re Jasmine v. CA2/6

Filed 4/3/13 In re Jasmine V. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re JASMINE V., a Person Coming 2d Juv. No. B242905 Under the Juvenile Court Law. (Super. Ct. No. J067367) (Ventura County)

VENTURA COUNTY PUBLIC SOCIAL SERVICES AGENCY,

Plaintiff and Respondent,

v.

L.G.,

Defendant and Appellant.

L.G. (Mother) appeals an order terminating her parental rights to and designating adoption as the permanent plan for her daughter, Jasmine V. (Jasmine). (Welf. & Inst. Code, § 366.26.)1 We affirm. FACTS When Jasmine was six years old, she lived with her parents and three brothers: Antonio age ten, Ulises, age seven and three-month-old Jose.

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

Antonio had been sexually abused in Mexico when he was six years old. His parents failed to adequately recognize his subsequent emotional problems. Ulises reported that Antonio was molesting him and Jasmine. His parents accused Ulises of lying. The juvenile court removed Antonio from the home. Shortly after Antonio was removed from the home, Mother saw an adult male roommate with Jasmine in his room. They both had their pants down. Ulises said that the roommate was trying to have intercourse with Jasmine. Prior to the incident, the roommate's adult daughter warned Jasmine's Mother that the roommate had molested her. In spite of the warning, the Mother allowed Jasmine and Ulises to watch television with the roommate in his room unsupervised. The juvenile court removed Jasmine, Ulises and Jose from the home. The parents had two years of reunification services. Mother attempted to comply with her case plan. In spite of her efforts, neither parent progressed enough to return the children to their care. The HSA report prepared for the section 366.26 hearing concluded: "Despite the reasonable efforts provided [by] the Agency to reunify with the child and her siblings, the parents failed to demonstrate[] benefit from the services offered and failed to recognize the ramifications of sexual abuse to their children. . . . With this said, the mother continues to express that she does not know why the Agency went to the extent of removing the child and her siblings from her, despite her efforts to get the police involved." At the time of the section 366.26 hearing, Jasmine had been in five foster placements. She suffers from anxiety, depression, sexual trauma, and her "IQ" is in the lowest two percentile. She has been with her current foster parents for over a year and they want to adopt her. The foster parents would continue Jasmine's visits with Ulises. Jasmine's relationship with Ulises Jasmine lived with Ulises until she was six years old. Ulises is very protective of his sister. Jasmine enjoys their visits together and would ask when she was going to visit Ulises. Jasmine's foster parents told a social worker that Jasmine was attached to Ulises and were willing to continue the sibling contact.