In re John M. CA2/1

Filed 4/16/13 In re John M. CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re JOHN M., a Person Coming Under B244077 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK50811)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

CAMILLE T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Rudolph A. Diaz, Judge. Affirmed. Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. ____________________

Camille T. (Mother) appeals from the juvenile court‟s order of September 10, 2012, terminating her parental rights over John M., born in June 2011. Mother contends the juvenile court erred in terminating her parental rights because substantial evidence established a beneficial parent-child relationship exception to adoption. We conclude Mother did not show the existence of a beneficial parent-child relationship exception to adoption and affirm the order of the court. BACKGROUND On July 1, 2011, the Department of Children and Family Services (DCFS) filed a petition pursuant to Welfare and Institutions Code section 300, subdivision (b) (failure to protect) and section 300, subdivision (g) (no provision for support) on behalf of John M. after Mother and John M. tested positive for cocaine at John M.‟s birth.1 As sustained, paragraph b-1 of the petition alleged under section 300, subdivision (b) that John M. was born with a positive toxicology screen for cocaine. As sustained, paragraph b-2 of the petition alleged under section 300, subdivision (b) that Mother has a nine-year history of substance abuse and is a current user of cocaine; Mother used cocaine during her pregnancy; Mother had a positive toxicology screen for cocaine at John M.‟s birth; and John M.‟s five siblings had received permanent placement services due to Mother‟s substance abuse. As sustained, paragraph b-3 of the petition alleged under section 300, subdivision (b) that Mother has mental and emotional problems, including visual and auditory hallucinations. As dismissed, paragraph b-4 of the petition alleged under section 300, subdivision (b) and paragraph g-1 of the petition alleged under section 300, subdivision (g) that alleged father John M. (alleged Father) failed to provide John M. with the necessities of life. DCFS reported that Mother had “at least a nine year history of drug abuse” and had a criminal history including prostitution and drug use. Mother‟s five other children were born “prenatally exposed to cocaine.” Mother failed to reunify with them and had a history of failing to visit her children. Mother could not explain why she had not been