In re Xavier P. CA5

Filed 4/9/13 In re Xavier P. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re XAVIER P. et al., Persons Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F064837 SOCIAL SERVICES, (Super. Ct. Nos. 11CEJ300157-1 & Plaintiff and Respondent, 11CEJ300157-2) v. NORMA A., OPINION

Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Fresno County. Mary D. Dolas, Commissioner. S. Lynne Klein, under appointment by the Court of Appeal, for Defendant and Appellant. Kevin B. Briggs, County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Wiseman, Acting P.J., Levy, J., and Kane, J.

Norma A. appeals from the juvenile court’s jurisdictional findings adjudging her three-year-old son, Xavier, and one-year-old daughter, Precious, dependents under Welfare and Institutions Code section 300, subdivisions (b) and (j).1 She challenges the sufficiency of the evidence that there was a current risk of harm to support jurisdiction under either subdivision. We affirm. PROCEDURAL AND FACTUAL SUMMARY Norma is the mother of four children, Xavier and Precious, the subjects of this appeal, and Alexander and Maritza, now in permanent placements. Norma also has a history of methamphetamine use and treatment noncompliance. In April 2007, the Kings County Human Services Agency (agency) filed a nondetention petition on behalf of then six-year-old Alexander and newborn Maritza after Norma and Maritza tested positive for amphetamines. The agency allowed the children to remain in Norma’s care and offered her family maintenance services that included drug testing and a substance abuse assessment. Norma was referred for drug treatment but did not enroll and stopped drug testing in November 2007. In April 2008, she tested positive for methamphetamine and the agency took Alexander and Maritza into protective custody and filed a supplemental petition (§ 387), asking the juvenile court to order them removed. The juvenile court sustained the petition and ordered six months of reunification services, including random drug testing and a substance abuse assessment, for Norma. However, Norma did not complete drug treatment or drug test. Consequently, in December 2008, the juvenile court terminated reunification services. In July 2009, the juvenile court terminated Norma’s parental rights as to Maritza and ordered a permanent plan of adoption. In 2011, the juvenile court ordered a permanent plan of legal guardianship for Alexander and dismissed the dependency proceedings.