In re Ashley J.

Filed 6/8/06 In re Ashley J. CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from an order of the Superior Court of Los Angeles County.

Robin Kesler, Juvenile Court Referee. Affirmed.

M. Elizabeth Handy, under appointment by the Court of Appeal, for Defendant and Appellant Sharon G.

Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant Gregory J.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent.

INTRODUCTION

This is an appeal by Sharon G. (Mother) and Gregory J. (Father) from the juvenile court order which terminated parental rights to their children, Ashley, age four, and F., age one, pursuant to Welfare and Institutions Code section 395.[1]

This family initially came to the attention of the Department of Family and Children Services (Department) when Ashley was born with positive toxicology for methamphetamines. On April 25, 2001, the juvenile court sustained a petition as to Ashley. The court terminated family reunification services as to Mother on September 17, 2001. On April 11, 2003, the court terminated jurisdiction, granting custody to Father and supervised visitation to Mother.

On July 11, 2003, Ashley again came to the attention of the juvenile court when the Department filed another section 300 petition on her behalf. The petition alleged that Father's home was unsafe, lacking running water, utilities and a septic tank. It further alleged that Father had allowed unmonitored contact between Ashley and her mother and alleged that both Mother and Father had a history of substance abuse. The final allegation was that Mother's prior children had been dependents of the court and that Mother had failed to reunite with those children.[2] Additionally, Ashley appeared to have limited language skills, was grossly underweight and hoarded food. She did not socialize with other two-year-olds. It was reported that during the period of her prior dependency, Ashley had been referred to the Regional Center.

At the detention hearing on July 14, 2003, the juvenile court found the Department had established a prima facie case as to Ashley and that Gregory was Ashley's presumed father. It ordered the Department place Ashley with her prior foster mother, if she had an opening in her home. On August 19, 2003, the juvenile court declared Ashley a dependent, removed her from parental custody and ordered reunification services for Father. Father was ordered to participate in the individual counseling, random drug testing and substance abuse counseling. Both parents were granted monitored visitation.

The court continued the disposition hearing to September 23, 2003 on the question whether Mother would receive unification services. At that hearing, the court denied reunification services to Mother based upon her history of failure to reunify with her other children. In February 2004, Ashley began residing in the home of James and Lydia F., her prior foster parents.

In February 2004, F. was born exposed to drugs. The Department filed a section 300 petition for F. and placed her in the same foster home as her sister. On April 7, 2004, the juvenile court declared F. a dependent under section 300, subdivisions (b) and (j), and removed her from parental custody. The court ordered the Department to provide reunification services to Father for both Ashley and F. and denied services to Mother. Father was ordered to attend a drug rehabilitation program.

In their next progress report, the Department reported that Father had not complied with the reunification plan and he was unable to regain custody of the children. On February 1, 2005 and May 31, 2005, respectively, the court terminated reunification services with Father for Ashley and F. A section 366.26 hearing to select and implement a permanent plan for the children was set for October 6, 2005.

On October 6, 2005, the court found by clear and convincing evidence that the children were adoptable, terminated parental rights of both Mother and Father and referred the children to the adoptions unit. Neither parent appeared at the hearing.

Both Mother and Father filed timely notices of appeal from the October 6 order terminating parental rights.

Facts Relating to the Children's Progress and Development

The focus of the parents appeal in this case relates to the â€