In re N.T. CA2/6

Filed 2/27/23 In re N.T. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 N.T. et al., A Person Coming 2d Juv. No. B321456 Under the Juvenile Court Law. (Super. Ct. No. 19JD-00362) (San Luis Obispo County)

SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

A.C.,

Defendant and Appellant.

A.C. (Mother) appeals an order of the juvenile court declaring that her minor child N.T. is adoptable and terminating her parental rights. (Welf. & Inst. Code, § 366.26, subd. (c)(1).)1 We decide that the court properly considered and applied the

All statutory references are to the Welfare and 1

Institutions Code.

holding of In re Caden C. (2021) 11 Cal.5th 614, 636 (Caden C.) to conclude that the beneficial parental relationship exception to adoption did not apply. (§ 366.26, subd. (c)(1)(B)(i).) We affirm. FACTUAL AND PROCEDURAL HISTORY On September 3, 2019, the San Luis Obispo Department of Social Services (DSS) received a report that Mother was struggling with drug abuse and homelessness. Her nine-year-old son N.T. had witnessed drug abuse and assaults upon her. DSS requested Mother to participate in random drug testing; she agreed but failed to attend several testing appointments. She also refused to establish a safety plan regarding N.T. DSS placed N.T. in protective custody after his school reported that a man not listed as an emergency contact appeared at school under the influence of drugs and sought to take N.T. School employees and law enforcement attempted to reach Mother but her telephone was disconnected and she was not at her recent address. At the time DSS placed N.T. in protective custody, he had red bite marks on his arms and suffered from dental problems. He reported that he was living in a motel room with Mother, her daughter, and two men. Detention, Jurisdiction, and Disposition On October 21, 2019, DSS filed a dependency petition pursuant to section 300, subdivision (b)(1), alleging that N.T. was at serious risk of harm due to Mother’s drug abuse and homelessness. The petition also alleged that J.G. (alleged Father) was homeless and his whereabouts unknown. The following day, the juvenile court held a detention hearing and ordered N.T. removed from Mother’s care. DSS placed N.T. in the care of his current foster parents who intend to adopt him.