Trial Court: Napa County Superior Court Trial Judge: Hon. Michael S. Williams, Commissioner (Napa County Super. Ct. Nos. JV16768, JV16769)
The opinion of the court was delivered by: Reardon, J.
CERTIFIED FOR PUBLICATION
The juvenile court declared minors Gabriel K. and Levi B. to be dependent children and denied the request of their mother--appellant Shanon K.--for reunification services. On appeal from the disposition order, the mother raises various challenges to the denial of reunification services. (See Welf. & Inst. Code,*fn1 § 361.5, subd. (b)(10) (§ 361.5(b)(10)).) We affirm the juvenile court's order.
Minor Levi B. was born in October 1993 to appellant Shanon K. and presumed father Robert B.*fn2 A month earlier, Robert had been convicted of inflicting corporal injury on a spouse or cohabitant. He was sentenced to two years in prison. He was convicted of the same offense in February 1996. This time, he was given three years' probation. In 1998, Robert was convicted of felony possession of a controlled substance and misdemeanor driving under the influence. He was jailed for a year for these offenses.
In September 2000--while the family was living in Auburn--Placer County Child Protective Services learned of allegations of Shanon's emotional abuse of Levi. He was placed in the temporary guardianship of Shanon's mother--Sherry L. In November 2000, Shanon was convicted of misdemeanor being under the influence of a controlled substance and possession of a controlled substance. The following month, Robert was convicted of felony spousal battery, for which he was sentenced to serve 10 months in jail.
In April 2001, Gabriel was born to Shanon and presumed father Robert. In September 2001, Robert was convicted of misdemeanor possession of drug paraphernalia. He was placed on probation for three years, subject to serving 30 days in jail. Sherry L. was given formal legal guardianship of Levi in December 2001 in Placer County. Levi lived with her for about two years before returning to live with one or both of his parents, although the grandmother remained his legal guardian.
Shanon was convicted of misdemeanor battery in June 2002. As a result of Robert's March 2003 conviction for felony spousal battery, possession of a controlled substance and driving under the influence, his probation was revoked. He was sentenced to two years in prison. In March 2005, Robert was convicted of felony vehicle theft and sentenced to 16 months in prison.
In March 2007, Napa County officials found methamphetamine and drug paraphernalia at a home where Shanon had left Gabriel to be cared for. Gabriel was placed in protective custody. A dependency proceeding was instituted on his behalf. (§ 300, subd. (b).) Meanwhile, in criminal proceedings, Shanon was convicted of felony possession of a controlled substance and placed on probation for three years.
In May 2007, the allegations of the juvenile petition were sustained. Gabriel was made a dependent of the juvenile court. Shanon was offered reunification services, but failed to take advantage of them. She continued to use drugs, did not comply with the elements of her case plan, and failed to apprise case workers of her whereabouts. After an initial placement with Shanon's grandmother proved unsatisfactory, Gabriel was placed in foster care in December 2007.
In November 2007, Tyler G. was born to Shanon and presumed father Joel G. Soon after his birth, child protective services officials received a report that the infant was being abused by Shanon. Tyler was taken into protective custody, found to be a dependent child and placed with Joel in Solano County. Joel was given full custody of the child. Shanon was not offered reunification services in that case. In April 2008, Shanon's reunification services for Gabriel were terminated. She and Gabriel were not reunified. In June 2008, Shanon was convicted of misdemeanor being under the influence of a controlled substance. She was sentenced to 90 days in jail.
About this time, Robert established his paternity and was found to be Gabriel's presumed father. He was given reunification services and was successfully reunited with Gabriel. In March 2009, Robert was given full legal and physical custody of Gabriel and the dependency proceedings were closed. Shanon was only allowed to have supervised visitation with Gabriel.
A month earlier, Shanon had been convicted of felony possession of a controlled substance. She was granted probation for three years. One condition of probation was that Shanon serve 120 days in jail. In October 2009, Robert was convicted of felony possession of a controlled substance and misdemeanor driving under the ...