In re S.W. CA3

Filed 5/30/24 In re S.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

In re S.W. et al., Persons Coming C100233 Under the Juvenile Court Law.

PLACER COUNTY DEPARTMENT OF HEALTH (Super. Ct. Nos. 53004662, AND HUMAN SERVICES, 53004663, & 53004666 )

Plaintiff and Respondent,

v.

H.W.,

Defendant and Appellant.

Mother of the minors, P.W., B.W., and S.W., appeals from the juvenile court’s orders terminating parental rights and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 395; undesignated statutory references are to this code.) She contends there was insufficient evidence to support the juvenile court’s finding of adoptability. We disagree and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND In March 2023, Placer County Department of Health and Human Services (the Department) filed a section 300 petition on behalf of the minors, under subdivisions (a) [serious physical harm], (b) [failure to protect], and (c) [serious emotional damage], due to mother’s repeated physical, verbal, and emotional abuse, and mother’s mental health issues. The minors were detained and placed with the maternal grandparents. Mother has a long history of being physically and emotionally abusive toward the minors. The minors had been removed from mother’s custody based on a similar dependency petition in July 2017. Mother completed the recommended services, and she was reunified with B.W. and S.W. in 2018, and with P.W. in 2019. Mother was reunified with P.W. later because P.W. did not feel safe with mother. The minors reported that, shortly after being reunified with mother, the abuse resumed. The juvenile court sustained the section 300 petition, adjudged the minors dependents, and bypassed mother for reunification services. The contested section 366.26 hearing took place in November 2023. The social worker testified in support of the Department’s recommendation that parental rights be terminated with a permanent plan of adoption by the maternal grandparents. Mother argued the Department had not met its burden to establish that the minors were likely to be adopted, either in general or specifically by the maternal grandparents, who she argued had not been shown to be “suitable” to adopt the minors. The juvenile court found by clear and convincing evidence that it is likely the minors will be adopted, terminated parental rights, and selected adoption as the permanent plan. Mother timely appealed. The matter was fully briefed in this court and deemed submitted on May 1, 2024. DISCUSSION Mother contends the juvenile court’s finding that the minors are adoptable is not supported by substantial evidence. We reject her contention.