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In Re Alyssa A. et al., Persons Coming Under the Juvenile Court v. Ruby P

December 16, 2010

IN RE ALYSSA A. ET AL., PERSONS COMING UNDER THE JUVENILE COURT LAW. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, PLAINTIFF AND RESPONDENT,
v.
RUBY P., DEFENDANT AND APPELLANT.



APPEAL from a judgment of the Superior Court of San Diego County, Ronald F. Frazier, Judge. (Super. Ct. No. SJ11518B,C,D)

The opinion of the court was delivered by: McINTYRE, J.

In re Alyssa A.

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Affirmed.

Ruby P. appeals the judgment terminating her parental rights to her six-year-old daughter, Alyssa A., and her sons, four-year-old Elijah A. and two-year-old U.P. (together, the children). Ruby contends the juvenile court abused its discretion by denying her modification petition (Welf. & Inst. Code,§ 388; all statutory references are to this code) which sought the children's placement with paternal grandmother Esther F. Ruby also contends the court erred by finding the children adoptable and declining to apply the beneficial relationship exception to termination of parental rights (§ 366.26, subd. (c)(1)(B)(i)). We affirm.

BACKGROUND

In 2005 the San Diego County Health and Human Services Agency (the Agency) filed dependency petitions for one-year-old Alyssa, newborn Elijah and Ruby's five-year-old daughter, L.A. The petitions alleged Ramiro A., the father of Alyssa and Elijah, sexually abused L.A. The juvenile court made true findings on the petitions, declared Alyssa, Elijah and L.A. dependents and ordered reunification services for Ruby. In 2007 the court awarded custody of L.A. to her father, Gilbert R; awarded custody of Alyssa and Elijah to Ruby; denied Ramiro visitation; and terminated dependency jurisdiction. In October Ruby gave birth to U.P., the biological child of Ramiro.

In March 2008 Elijah returned to daycare after a four-day absence. He had a fading bruise covering half his forehead. Previously, Elijah had been absent from daycare for two days and had returned with a fading bruise on his face. On that occasion Ruby claimed that Alyssa had hit Elijah, but Alyssa reported that their father had hit Elijah with a door. The social worker went to Ruby's home on March 3 and discovered that Ramiro was living there. The children were detained in Polinsky Children's Center and then in foster homes. The Agency filed dependency petitions alleging Ruby allowed Ramiro to live in the home despite the no contact orders. In August the court made true findings on the petitions and ordered the children placed in foster care.

In March 2009 Ruby began unsupervised visits. In May, after returning from a visit, Alyssa reported that "daddy babe" had touched her with his penis and made her hold it. Alyssa told the social worker that "daddy babe" was her daddy and her mom called him "babe." In a forensic interview, Alyssa referred to the perpetrator as "[m]y dad." Future visits were supervised.

In January 2010 the court terminated reunification services and set a section 366.26 hearing. On May 8 the children met a prospective adoptive family. In June the children began the transition into the family's home. Alyssa and Elijah's transition was completed on June 18. On June 4 U.P. began spending every weekend in the home, and his transition was completed on July 2, after Alyssa and Elijah had adjusted to the new family. Before the move, Alyssa had lived in 15 placements (seven in the first dependency case and eight in this case), Elijah had lived in 14 placements (seven in each case) and U.P. had lived in six placements.

On July 8, 2010, the first day of the contested section 366.26 hearing, Ruby filed her section 388 petition. The court denied the petition on July 14 ...


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