In re J.S. CA3

Filed 06/18/24 In re J.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re J.S. et al., Persons Coming C099315 Under the Juvenile Court Law.

SACRAMENTO COUNTY DEPARTMENT (Super. Ct. Nos. JD240787, OF CHILD, FAMILY, AND ADULT SERVICES, JD240788, & JD240789

Plaintiff and Respondent,

v.

V.S.,

Defendant and Appellant.

Father of the minors appeals from the juvenile court’s order terminating parental rights and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 395; undesignated section references are to the Welfare and Institutions Code.) He contends the juvenile court erred in failing to find the beneficial parental relationship exception to adoption applied. We disagree and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND In August 2020, the Sacramento County Department of Child, Family and Adult Services (Department) filed section 300 petitions on behalf of minors Je. (then age 10), Js. (then age 7) and Jd. (then age 6), based on mother’s substance abuse and mental health issues and father’s failure to protect. There were additional safety concerns as all three minors had autism spectrum disorder that diminished their awareness of dangers. The minors were ordered detained. The combined jurisdiction/disposition hearing took place in November 2020. The minors were placed together. Je. was the only minor able to communicate. He appeared comfortable in the caretaker’s home and said he felt safe there. Js. and Jd. were primarily nonverbal due to their severe autism. Js. was active, alert, and happy, with a tendency to twist his hair. Jd. was very loving and affectionate and attempted to communicate with the social worker by pointing. The juvenile court sustained the section 300 petitions, adjudged the minors dependent children of the court, and ordered reunification services for the parents. Mother was diagnosed in April 2021 with stage four lung cancer and admitted to hospice that month. Both parents struggled with mother’s diagnosis. The minors were receiving services through Alta Regional Services. Their caregiver had created a routine that helped the minors thrive. Jd. was calm but could become withdrawn and benefitted from being with his siblings. Js. was usually calm, but he became aggressive upon seeing people with electronic devices. Je. was sociable, articulate, inquisitive, and craved routine and stability. He was parentified and hypervigilant. The caregiver was working with him to build coping skills. Father’s mental health assessment clinician noted father did not understand how instability impacts the minors. Father completed three individual counseling sessions, but counseling was put on hold following the mother’s cancer diagnosis, as father declined to participate while addressing mother’s health issues.