In re Adrienne R.

Filed 9/7/06 In re Adrienne R. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from an order of the Superior Court of Orange County, Gary L. Vincent, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.

Nicole Williams and Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant Jose R.

Rich Pfeiffer, under appointment by the Court of Appeal, for Defendant and Appellant Angela M.

Benjamin P. de Mayo, County Counsel, Dana J. Stits and Beth L. Lewis, Deputy County Counsel, for Plaintiff and Respondent.

Angela M. and Jose R. appeal from the order terminating their parental rights to their five children and freeing them for adoption. (Welf. & Inst. Code, § 366.26.)[1] They challenge the order only as to the two oldest children contending the children's behavioral problems make them unadoptable. Specifically, they contend: (1) the juvenile court improperly restricted cross‑examination of a social worker about the report from a psychological assessment of the children; (2) the finding of adoptability is not supported by substantial evidence; and (3) the adoption assessment was inadequate. We find no error and affirm the order.

I

FACTS AND PROCEDURE

Angela and Jose's children were declared dependent children primarily due to Angela's unresolved substance abuse problem. At the time the dependency proceedings began in July 2004, there were four children, including 6‑year‑old Adrienne, 4‑year‑old Joseph, 1‑year‑old Justyna, and newborn Angelika, who was born testing positive for amphetamine and methamphetamine. The parents' fifth child, Julian, was born in September 2005, also testing positive for drugs, and he too was declared a dependent child. Throughout the reunification period, the parents largely denied that Angela had a substance abuse problem, and other than attending visits with the children, failed to avail themselves of services. Because in this appeal the parents challenge the order terminating parental rights only as to Adrienne and Joseph, and only as to their adoptability, we restrict our discussion of the facts accordingly.

When Angelika was born in July 2004 with a positive drug screen, Angela also tested positive for drugs and admitted to having used illegal drugs two days before giving birth. Angela subsequently recanted that admission. Jose denied knowledge of any drug use by Angela during her pregnancy. Angela had already lost custody of her two older children by a different father. Those children were declared dependent children due to Angela's chronic substance abuse and placed with their father, who eventually was awarded sole physical custody of them. Adrienne, Joseph, Justyna, and Angelika were taken into protective custody, and a petition was filed alleging they came within section 300, subdivisions (b) [failure to protect], and (j) [abuse of sibling]. In September 2004, all four children were declared dependent children and ordered removed from parental custody.

In its August 24, 2004, report for the jurisdictional and dispositional hearing, the Orange County Social Services Agency (SSA) reported it had numerous contacts with Jose's family when Jose was a minor due to allegations of physical abuse of Jose's developmentally delayed sister by various family members. Jose had a criminal history involving burglary counts. Angela denied any alcohol or drug problems. Jose denied that Angela used drugs.

Adrienne and Joseph were initially placed at Orangewood Children's Home (Orangewood). When interviewed by the social worker, both children were friendly and open and â€