In re J.G. CA4/1

Filed 11/20/23 In re J.G. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re J.G., a Person Coming Under the Juvenile Court Law. D082301 IMPERIAL COUNTY DEPARTMENT OF SOCIAL SERVICES, (Super. Ct. No. JJP0000878)

Plaintiff and Respondent,

v.

G.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Imperial County, Marco D. Nunez, Judge. Affirmed. Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant. Kelly Ranasinghe, Deputy County Counsel, for Plaintiff and Respondent.

G.M. (Mother)1 appeals from both the March 2023 juvenile court order

denying her Welfare and Institutions Code2 section 388 petition and the May 2023 order terminating her parental rights under section 366.26. She claims the denial of her modification petition was an abuse of discretion, and, further, had the court not abused its discretion, it could not have terminated

her parental rights.3 FACTUAL AND PROCEDURAL BACKGROUND On November 27, 2020 the Imperial County Department of Social Services (Department) placed newborn J.G. into protective custody after a toxicology screening produced a positive result for methamphetamine and amphetamine. Mother admitted to using methamphetamines the day before delivering J.G. She admitted that she began using the illicit substances prior to finding out she was pregnant and did not stop upon learning of her pregnancy. Department filed a petition under section 300, subd. (b) in December 2020, the juvenile court found Department made a prima facie case and ordered J.G. detained. The court sustained the petition at the jurisdiction hearing. At the disposition hearing in March 2021, the court declared J.G. a dependent, ordered him removed from parental custody, and ordered reunification services for Mother. J.G. spent approximately the first