In re Joshua G. CA2/1

Filed 4/19/13 In re Joshua G. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JOSHUA G., a Person Coming Under B244463 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK82109)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

CYNTHIA R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles. Sherri Sobel, Juvenile Court Referee. Affirmed. ______ Patti L. Dikes, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Emery El Habiby, Deputy County Counsel, for Plaintiff and Respondent. ______

Cynthia R., mother of Joshua G., appeals from the order terminating her parental rights pursuant to Welfare and Institutions Code section 366.26.1 Mother contends that the juvenile court erred in terminating her parental rights because it should have applied the sibling-relationship exception to termination under section 366.26, subdivision (c)(1)(B)(v). We disagree and thus affirm the order. FACTUAL AND PROCEDURAL BACKGROUND After finding a prima facie case for detaining Joshua and three of his siblings, the juvenile court adjudged the children dependents of the court by sustaining a section 300 petition against Mother on the following grounds: (1) “On 05/02/2010, . . . [M]other . . . placed the children in a detrimental and endangering situation by driving a vehicle while under the influence of alcohol with the children as passengers in the vehicle. The mother drove in an erratic manner. The mother consumed beer while driving resulting in [Joshua‟s older sister] being afraid. The mother possessed beer[] and empty beer bottles in the vehicle within access of the children. The mother left the children in the vehicle with the vehicle running and the key in the ignition while the mother entered a store. The mother failed to ensure [Joshua‟s younger sister] was restrained in an appropriate child safety seat.” (§ 300, subd. (b).) (2) Mother “has an unresolved history of alcohol [abuse,] which renders the mother incapable of providing the children with regular care and supervision. The mother has a criminal history of alcohol[-]related convictions.” (Ibid.) (3) “On 05/02/2010, . . . [M]other . . . physically abuse[d] [Joshua‟s older brother] by slapping the child‟[s] face. Such physical abuse was excessive and caused the child unreasonable pain and suffering.” (Id. at § 300, subds. (b) & (j).)2 The Department of