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In Re E. M. et al., Persons Coming Under the Juvenile Court v. E. P

February 6, 2013

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



(Super. Ct. Nos. JD231036, JD231037)

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

In re E.M.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 E.P., the mother of minors E.M. and A.M., appeals from the orders of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 395, 366.26; undesignated references are to the Welfare and Institutions Code.) She contends the juvenile court should have applied the beneficial parent/child relationship exception to terminating parental rights. We affirm.

BACKGROUND

In June 2010 mother tested positive for methamphetamine at the shelter where she lived. As required by the shelter, she entered a treatment program. A social worker from the Sacramento County Department of Health and Human Services (DHHS) was assigned to her for informal supervision. Mother was discharged from the treatment program in July 2010 after testing positive for methamphetamine. Later, she failed to follow through with a referral for residential drug treatment and tested positive for methamphetamine and cocaine on multiple occasions. In August 2010 she was admitted to a mental health hospital for two weeks after she reported suicidal thoughts. She was hospitalized a second time in September 2010 after making suicidal comments. She left a residential drug treatment placement later that month. In October 2010 mother told the social worker she was not going back to treatment and would place the minors with the paternal grandfather.

DHHS filed dependency petitions in October 2010, alleging jurisdiction over the minors based on mother's substance abuse and mental health problems. (§ 300, subd. (b).) The juvenile court detained the minors later that month, placing them with the paternal aunt although they stayed at the paternal grandfather's house during the daytime. The minor's father was deceased.

The November 2010 jurisdiction/disposition report noted that mother reported being diagnosed with bipolar disorder, manic depressive disorder, and a severe case of anxiety. She began using drugs when she was 19, quit in 2007, and started using again in January 2010. Her drug of choice was methamphetamine.

E.M. (born in 2005) told the social worker, "my mom is nicer to me now but she was not nice before." He explained that mother "whopped [him]" on the hand with a belt when he got in trouble for not listening. Asked if he would eventually like to live with his mother, E.M. said "yes." In March 2010 E.M. was hospitalized as a danger to himself for running into the street while the family lived in a homeless shelter. He was diagnosed with schizophrenia and referred to mental health services, where the diagnosis was changed to adjustment disorder with mixed disturbance of emotions and conduct.

A.M. (born in 2004) appeared shy and uninterested in speaking to the social worker. He was unwilling or unable to say what he liked or did not like about having lived with mother.

The paternal grandfather told the social worker he cared for the minors between August and October 2010. While in his care, the minors often cried in their beds before going to sleep, telling him they wanted to live with their mother. He was previously approved for voluntary placement, but the minors were removed from his care based on his 47-year-old criminal convictions. The paternal aunt reported that both children adjusted well to placement in her home.

In November 2010 the juvenile court sustained the petitions and ordered services for mother. In March 2011 the minors were placed with the paternal ...


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