In re N.C. CA2/6

Filed 3/14/23 In re N.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.C., a Person Coming 2d Juv. No. B323332 Under the Juvenile Court Law. (Super. Ct. No. J073014) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

J.C.,

Defendant and Appellant.

Father J.C. (Father) appeals from the juvenile court’s order terminating parental rights to his daughter, N.C., and selecting adoption as the permanent plan. (Welf. & Inst. Code,1 § 366.26.) He contends the court erred in finding the beneficial parental

1Further unspecified statutory references are to the Welfare and Institutions Code.

relationship exception inapplicable. (Id., subd. (c)(1)(B)(i).) Mother is not a party to this appeal. We affirm. FACTUAL AND PROCEDURAL HISTORY Newborn N.C. spent eighteen days in the neonatal intensive care unit after testing positive for fentanyl and methamphetamine at birth. She required daily doses of morphine to ease her withdrawal symptoms. The Ventura County Human Services Agency (the Agency) placed her with a confidential resource family upon discharge and allowed Father and Mother supervised visitation twice a week. N.C. has not lived with them at any time since birth. The Agency filed a juvenile petition (§ 300) alleging N.C.’s mother abused drugs while pregnant. The petition alleged Father had a history of drug-related arrests and suffered from mental health issues. The juvenile court sustained the petition and bypassed reunification services for both parents. It ordered their existing visitation schedule to remain in place and set a contested selection and implementation hearing. (§ 366.26.) Section 366.26 report and pretrial memorandum The Agency’s section 366.26 report described parents as making “significant changes in their diligence and consistency to attend family time” and providing N.C. “with adequate nurturing care” during their visits. Father showed affection toward his daughter and took turns with Mother feeding and holding her. However, N.C. had started showing “noticeable concerning reactions during family time sessions with the parents,” such as starting “to scream, cry, and becoming noticeably more irritable/harder to soothe.” The case worker also expressed concern about parents’ ongoing failure to seek substance abuse treatment.