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In Re B.B., A Person Coming Under the Juvenile Court Law. v. R.B

March 23, 2011

IN RE B.B., A PERSON COMING UNDER THE JUVENILE COURT LAW.
SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
R.B., DEFENDANT AND APPELLANT.



Super. Ct. No. JD220385

The opinion of the court was delivered by: Hull , Acting P. J.

In re B.B. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

R.B., the father of the minor B.B., appeals from the juvenile court's order terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 395; undesignated statutory references that follow are to the Welfare and Institutions Code.) Appellant contends the juvenile court committed prejudicial error by failing to consider the minor's wishes when terminating parental rights. We affirm the order.

FACTS AND PROCEEDINGS

The five-year-old minor was placed in protective custody in January 2010 after he was discovered living with his mother and her boyfriend in a trailer deemed uninhabitable due to numerous health and safety hazards. In January 2010, the Sacramento County Department of Health and Human Services (DHHS) filed a petition seeking jurisdiction over the minor pursuant to section 300, subdivisions (b) and (j).

The parents have an extensive child welfare history. Of the mother's seven children, all but the minor tested positive for methamphetamine at birth. The mother lost custody of her other six children due to her drug use. In April 2004, the juvenile court sustained a dependency petition for the minor pursuant to section 300, subdivisions (b) and (j), based on the parents' substance abuse. The dependency was terminated in November 2004 after appellant and the mother completed services and reunified with the minor. The juvenile court sustained another dependency petition in November 2005, after the mother was found with a syringe loaded with methamphetamine within reach of the minor's car seat, at which time the mother and appellant were incarcerated. The dependency was terminated in October 2006 after the parents reunified with the minor.

Appellant had been the minor's sole caregiver since the child was one-and-a-half years old. Even though appellant knew the mother's history of methamphetamine abuse, he placed the minor with the mother in September 2009 when he turned himself in to prison. He wanted to leave the minor with his girlfriend, but the mother threatened to call the police if he did.

Appellant has a lengthy criminal history dating back to 1984, with numerous felony convictions for drug and theft-related offenses. He was serving a three-year prison term for felony vehicle theft when the petition was filed in 2010.

The minor was placed in a foster home following his detention. According to the foster father, the minor was a bright child, but could count only to four and did not know the alphabet. He alternated between being a sweet, loving child, and angry and hostile with a large vocabulary of swear words. The minor was terrified to leave the foster home and told the foster father that appellant would "kill" him. Seeing the foster father wearing a belt, the minor asked him: "Are you going to hit me with that?"

The foster father said the minor always had dark circles under his eyes, along with serious anger, self-esteem, and fear issues. The minor was seeing a behavioral therapist for numerous issues, including: bed wetting, pants wetting, aggressiveness, swearing, tantrums, yelling, spitting, lack of social skills, fear of the toilet and the dark, nightmares, irritability, teasing others, whining, repetitiveness, anxiety, arguing, back-talking, defiant behaviors, learning appropriate peer interaction, multiple redirection, fascination with soap and water, and fear of someone coming to get him.

The minor told the foster father that appellant "can kick your ass." According to the mother, the minor was afraid of the toilet after appellant "beat the heck out of him" for causing the toilet to overflow. The foster father witnessed the minor's fear of the toilet; every time the minor flushed the toilet he would say "oh no the water, the water" and was scared to sit on the toilet.

DHHS filed an amended dependency petition (ยง 300) in March 2010. The petition alleged the mother's history of drug use, DHHS's inability to locate her, appellant's ...


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