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In Re A.B. et al., Persons Coming Under the Juvenile Court v. Y.B

May 11, 2011

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



(Super. Ct. Nos. JD229641, JD230391)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appellant Y.B., the mother of the minors A.B. and M.B., appeals from the juvenile court's orders terminating her parental rights. (Welf. & Inst. Code, § § 366.26, 395.)*fn1 Appellant claims there was insufficient evidence to support the juvenile court's finding that A.B. was adoptable. We shall dismiss the appeal as to M.B. and affirm as to A.B.

BACKGROUND

In April 2009 A.B. and her siblings D.B., As.B., and S.S. (As.B, D.B., and S.S. are not parties to the appeal) were placed in protective custody after one-year-old D.B. sustained life-threatening head injuries and numerous lacerations over his body consistent with child abuse. Appellant told the police she did not know how the injuries occurred, and thought they may have been an allergic reaction. The Sacramento County Department of Health and Human Services (DHHS) filed a dependency petition, alleging jurisdiction over the children pursuant to section 300.

Appellant later said D.B. suffered a thigh injury falling on a glass table and a head injury after falling down cement stairs. Later, she admitted disciplining the infant by whipping him with a belt on his inner thighs and armpits until he bled and using her fingernails after the belt broke. She told police she waited until the following morning to bring D.B. to the hospital after he sustained the head injuries. The medical director of the U.C. Davis child abuse treatment center told police D.B.'s head injuries could have killed him, and he should have been brought to the hospital immediately.

Appellant was arrested in May 2009. She was later convicted of willfully inflicting upon a child cruel or inhuman corporal punishment resulting in a traumatic condition (Pen. Code, § 273d, subd. (a)) and sentenced to state prison.

The jurisdiction/disposition report described A.B. as severely autistic, non-verbal, and unable to follow any instructions. A.B. was unable to provide any level of care for herself and needed physical and verbal prompts to complete tasks like toileting. Her significant sensory needs were being addressed with the help of occupational therapy, and she was taking medication for seizures. The foster mother reported A.B. was doing well in the home and she had no concerns about her.

In October 2009 the juvenile court sustained the petition and denied reunification services pursuant to section 361.5, subdivisions (b)(5) and (b)(7).

M.B. was born in December 2009 while appellant was in state prison. DHHS filed a section 300 petition, which the juvenile court sustained in March 2010. Services were denied in June 2010.

The section 366.26 report related A.B. was diagnosed with generalized tonic-clonic seizures, autism, and behavioral problems. Her medications were increased after an abnormal EEG. She was unable to dress herself and could not participate in daily hygiene without ...


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