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In Re R.H., A Person Coming Under the Juvenile Court Law. v. M.G

December 1, 2011

IN RE R.H., A PERSON COMING UNDER THE JUVENILE COURT LAW. BUTTE COUNTY DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES, PLAINTIFF AND RESPONDENT,
v.
M.G., DEFENDANT AND APPELLANT.



(Super. Ct. No. J33987)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

M.G. (mother) appeals from the juvenile court's orders terminating her parental rights to R.H. (the minor). She contends there was not substantial evidence the minor was adoptable and the sibling bond exception to adoption applied to this case. The record shows that the minor was adoptable. The minor had significant positive attributes and there was an identified prospective adoptive home. As to the sibling bond exception, mother did not raise this exception at the Welfare and Institutions Code*fn1 section 366.26 hearing. And, even if this issue were not forfeited, mother did not meet her burden to establish this exception to adoption. Accordingly, we affirm the orders terminating mother's parental rights.

SUMMARY OF RELEVANT FACTS AND PROCEDURAL HISTORY*fn2

As a result of mother's alcoholism, inappropriate sexual behavior, inability to protect the children from sexual abuse, and lack of adequate supervision, the minor and her five siblings were taken into protective custody in April 2008. The minor was three years old and her siblings ranged in age from eight to 17 years old. At the disposition hearing, the 17 year old was returned to mother and when he was 18 years old, dependency as to him was terminated. The minor, Ro.H. (brother) and M.H. (sister) were placed in one foster home (collectively referred to as the "younger siblings") and the two older siblings were placed together in a separate foster home.

In July 2008, the younger siblings had to be moved to a second foster home because of the "sexualized and defiant behaviors of [brother and sister]." The younger siblings were reported to have behavioral issues, hygiene issues, and sexualized behaviors. All three younger siblings refused to brush their teeth, the minor and her brother were unsure how to use toilet paper after going to the bathroom, and the minor would regularly urinate on herself.

The younger siblings were able to visit their older siblings during visits with mother. These visits initially occurred twice a week, but were reduced to once a week because of the children's antagonistic behavior and mother's inability to control them.

In April 2009, the children were all doing well in their respective foster care placements and were all physically healthy. The younger siblings sometimes fought, but their behavior was manageable. Brother and sister were having difficulty in school and during visits with mother and the older siblings. Sister also had conflicts with her younger siblings and bullied them.

In February 2010, the younger siblings remained in their foster placement and were doing well. The minor needed extensive dental work, but was otherwise healthy. She was in kindergarten and doing well socially, but academically, she was behind other students. Sister's difficult behavior in school, with her siblings, and with her foster parents was jeopardizing her placement in the home.

Reunification services for mother were terminated in April 2010 and the matter was set for permanency planning. The recommended permanent plan for the minor was adoption in a home identified as a prospective adoptive home for her. Brother was going to move out of the current foster placement and into placement with his older siblings. Sister was placed in a legal guardianship in October 2010.

The minor enjoyed kindergarten and her foster home. She continued to do well socially in school and played well with others. Although there were some reported educational delays, she appeared to be on track developmentally. The minor's kindergarten teacher requested the minor repeat kindergarten, because she was a young kindergartner with a limited attention span. She remained somewhat behind academically, particularly with respect to counting, and number and letter recognition, but her skills were growing daily. Her language skills ...


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