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In Re M. S., A Person Coming Under the Juvenile Court Law. v. S. S

March 5, 2012

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



(Super. Ct. No. J35055)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

S. S. (mother) appeals from the juvenile court's denial of her petition to modify an existing order and the subsequent termination of her parental rights. (Welf. & Inst. Code,*fn1 §§ 366.26, 388.) We shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Butte County Department of Employment and Social Services (the department) filed a section 300 petition as to the infant minor, M. S. alleging: The minor was detained at birth after testing positive for methamphetamine. The minor, born five weeks premature, required hospitalization in the special care unit for 13 days. Mother tested positive for marijuana and methamphetamine. Mother said she had used drugs for 16 years, primarily marijuana, and had used methamphetamine "'one time'" one or two days before the minor's birth. While the minor was in the special care unit, mother failed to provide appropriate care for the minor's special needs and was reluctant to perform parenting duties; on one occasion, mother was very fidgety and difficult to awaken when she needed to feed the minor. The minor's paternity had not been determined. The alleged father, R. B., was homeless and unemployed and had a recent history of criminal convictions related to substance abuse.*fn2

The detention report stated that R. B. claimed Native American ancestry and that notice under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq. (ICWA)) would be sent to the Estom Yumeka Maidu Tribe at Enterprise Rancheria in Oroville, California. The tribe responded that the minor, though not eligible for enrollment, was a member "by tradition and cultural belief systems."

The juvenile court sustained the allegations of the section 300 petition.

The disposition report recommended foster care for the minor and reunification services for mother, who admitted her substance abuse problem and had begun to participate in services to address it. Mother, now 35 years old, had used alcohol and drugs, including "pot and crank," since she was 16. She knew she had done wrong, but considered herself a good mother; she had two sons, a 17 year old who lived with her and an 11 year old who lived with his father.

At the dispositional hearing, the juvenile court made the recommended findings and orders.

The Estom Yumeka Maidu Tribe designated an approved Indian foster home for the minor. The juvenile court ordered the minor placed there.

At an interim hearing, the juvenile court found ICWA applicable.

The department's six-month status review report recommended terminating mother's services and setting a section 366.26 hearing. Mother had refused to enter a residential drug treatment program and had a poor attendance record in outpatient programs. She had had three positive methamphetamine tests, failed to show up for testing on six other dates, and turned in two diluted samples for testing. Her visitation had been suspended and was now conditional on negative drug testing. Although she had completed a parent support group, she had not regularly attended parenting classes. She believed she had done everything needed to get the minor returned to her.

A state adoptions bureau status report indicated that the bureau would follow ICWA's placement preferences. The minor was placed in a tribal home, and the foster parents were willing to consider adoption.

At the contested six-month review hearing, the juvenile court terminated mother's services and set ...


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