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In Re J.H. et al., Persons Coming Under the Juvenile Court Law. v. N.H. et al

September 19, 2011

IN RE J.H. ET AL., PERSONS COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN RESOURCES, PLAINTIFF AND RESPONDENT,
v.
N.H. ET AL., DEFENDANTS AND APPELLANTS.



(Super. Ct. Nos. JD229759, JD229760)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

N.H. (mother) and J.H. (father) appeal the juvenile court's orders terminating their parental rights as to minors J.H. (born March 2008) and I.H. (born February 2005). (Welf. & Inst. Code, §§ 395, 366.26; undesignated statutory section references that follow are to the Welfare and Institutions Code.) They contend there is insufficient evidence to support the juvenile court's finding that the beneficial parental relationship exception to adoption did not apply. We affirm the juvenile court's orders.

FACTS AND PROCEEDINGS

In May 2009, the Sacramento County Department of Health and Human Services (DHHS) received reports that the parents were using "crank" or "rock" in the home, the mother was buying drugs, there was a large amount of traffic in the home, and four-year-old I.H. had to ask people for money to buy food because the parents bought drugs with their welfare money. DHHS placed the children in protective custody and filed a dependency petition, alleging jurisdiction under section 300, subdivision (b).

The parents admitted smoking cocaine and methamphetamine, but denied using drugs in the children's presence. An unrelated minor residing in the parents' home said the mother offered her drugs before, and the mother would sell food stamps at 50 cents on the dollar. The mother denied selling the family's food stamps.

The juvenile court detained the children in June 2009. They were later placed with their maternal grandmother.

DHHS reported that out of eight drug tests between April 28, 2009 and June 30, 2009, the mother tested positive for methamphetamine and amphetamine on the first six tests, and presumptively positive for the drugs on the last two tests. Between April 28, 2009 and May 26, 2009, the father tested three times, testing positive for methamphetamine and amphetamine every time.

The mother said she had a drug problem which did not place the children at risk, while the father denied any substance abuse problem. The mother had not completed intake for her drug treatment program, and the father did not want to enter residential treatment.

The maternal grandmother reported the children's visits with the parents were appropriate. I.H. and J.H. appeared to have adjusted well to living with her. I.H. was very angry when he was first placed in her care, but now appeared to be calmer and happier.

The juvenile court sustained the petitions and ordered services for the parents in July 2009. The children were continued with the maternal grandmother.

The parents visited the children almost daily at the maternal grandmother's home until the mother entered residential drug treatment in November 2009. After the mother entered residential treatment, the parents were given weekly supervised visits of 90 to 120 minutes at the recovery program. They were given unsupervised visits at the maternal grandmother's home for three hours a week in December 2009, ...


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