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In Re B.C., A Person Coming Under the Juvenile Court Law. v. C.H

March 5, 2013

IN RE B.C., A PERSON COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
C.H., DEFENDANT AND APPELLANT.



(Super. Ct. No. JD230196)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

C.H., mother of the minor, appeals from an order of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395.)*fn1 Mother contends the juvenile court abused its discretion in granting the Sacramento County Department of Health and Human Services' (Department) petition for modification seeking placement of the minor in her prospective adoptive relative's home. She also contends the evidence does not support the juvenile court's finding the minor is generally adoptable. As to the first contention, mother does not have standing to raise this contention on appeal. On the second contention, we conclude there is substantial evidence in the record to support the juvenile court's finding that the minor is generally adoptable. Accordingly, we affirm the orders of the juvenile court.

BACKGROUND

On September 28, 2009, the Department filed a section 300 petition on behalf of the then five-year-old minor based on mother's failure to protect the minor due to her mental health issues. The minor was detained. The Department's subsequent investigation revealed the minor may have been subjected to past sexual abuse. The juvenile court sustained the petition and, at a March 12, 2010, dispositional hearing, adjudged the minor a dependent and ordered reunification services for mother.

In June 2010, the minor was noted to be doing well in her foster home and making progress in treatment with her therapist. She was identifying emotions and expressing them, and opening up about past trauma and anxiety. The minor's foster family, however, was not willing to provide permanency for the minor if mother failed to reunify. After three months, the minor had to be moved to a higher level of care because of behavioral problems. The minor refused to follow house rules, had tantrums when she did not get her way, and displayed sexualized behavior during bath time.

The minor was moved to a new foster home on September 9, 2010. In its 12-month review report, the Department reported the minor was adjusting to the structure and routine of her new foster home.

In October 2010, the Department filed a petition for modification, requesting a referral under the Interstate Compact on the Placement of Children (ICPC) for a relative in Oregon who was willing to provide permanency.

Mother failed to reunify and, on January 25, 2011, reunification services were terminated. In its May 2011 report prepared for the selection and implementation hearing, the Department noted the minor's behavior issues had subsided in her new placement. Over the Christmas holiday, the minor visited her previous foster parents and had quickly fallen back into problematic behaviors. The social worker concluded it was apparent the minor benefited from a highly structured environment with clear expectations and consequences. An approved homestudy had been completed for the minor's relative in Oregon and visits between the relative and minor were being initiated.

The Department filed an addendum report on September 22, 2011. A new ICPC referral for the relative in Oregon had been requested. The minor's current caregiver was willing to provide permanency in the form of guardianship, but not adoption. The social worker opined that, while the minor was "hard to place due to behavioral issues, it is likely that she can be placed for adoption." In fact, she was in receipt of three homestudies of families interested in adopting the minor.

The Department filed a final addendum just prior to the May 21, 2012, selection and implementation hearing. The new ICPC referral for the relative in Oregon had been approved and the Department had filed a section 388 petition for modification seeking placement of the minor in her prospective adoptive relative's home in Oregon. At this hearing, the social worker opined the minor was likely to be adopted.

The juvenile court granted the Department's petition for modification seeking placement of the minor with her prospective adoptive relative in Oregon. The juvenile court then found the minor "generally adoptable" and likely to be adopted by ...


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