In re C.K.

Filed 3/28/06 In re C.K. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 TWO

APPEAL from the Superior Court of Riverside County. H. Morgan Dougherty, Judge. Affirmed.

Donna P. Chirco, under appointment by the Court of Appeal, for Defendant and Appellant.

Joe S. Rank, County Counsel, and Julie Koons Jarvi, Deputy County Counsel, for Plaintiff and Respondent.

Konrad S. Lee, under appointment by the Court of Appeal, for Minor.

INTRODUCTION

Jennifer C., the mother, gave birth to a girl, C. K., in April 2004. The mother appeals from the juvenile court's order terminating her parental rights and placing C. K. for adoption, on the grounds the juvenile court abused its discretion in finding that the parental benefit exception to the adoption preference (Welf. & Inst. Code, § 366.26, subd. (c)(1)(A))^[1] did not apply. We affirm.

FACTS AND PROCEDURAL HISTORY

A. Events Leading to C. K.'s Dependency

C. K. was born in Missouri in April 2004, when the mother was 20 years old. The mother is developmentally disabled. The doctor who delivered C. K. was concerned about the mother's ability to care for C. K.

In June 2004, C. K. was diagnosed with a urinary tract infection, was underweight, and had blood in her stool. Antibiotics were prescribed, and C. K. was scheduled to have an ultrasound on her kidneys on June 10. The mother was told that the June 10 appointment was urgent.

On June 8, 2004, a social worker in Missouri contacted the mother and told her to be sure to keep the June 10 appointment. At this time, the mother and father were staying with friends, and C. K. was sleeping in a car seat in the living room of the home. The social worker gave the mother two days to obtain a crib, and told her not to leave the area. The father had an outstanding warrant for his arrest, and had served time in prison for hitting his four-year-old sister with a hammer.

On June 10, 2004, the social worker was told that the mother and father had taken C. K. to California or Florida. The mother missed the June 10 appointment and another rescheduled appointment. On June 17, the family was located at the paternal grandmother's home in Desert Hot Springs, California. The father was arrested and was later incarcerated in Missouri.

A social worker with the Riverside County Department of Public Social Services (DPSS) interviewed the mother on June 17, 2004. The mother had difficulty focusing on the interview, and did not answer questions appropriately. She said she did not believe she needed services in Missouri. She had taken C. K. to the emergency room the previous day, and was planning to take her to a doctor when she secured medical coverage. Apparently, the mother had been giving C. K. evaporated milk, rather than formula. C. K.'s weight was in the bottom 10th percentile.

C. K. was taken into protective custody following the June 17, 2004, interview. The mother became extremely upset. She threw herself on the floor, and was swinging her feet and arms. At the detention hearing on June 22, supervised visitation was ordered for the mother.

B. The Jurisdictional and Dispositional Orders

On June 30, 2004, the mother was evaluated by Dr. Judy Matthews, psychologist. Dr. Matthews opined that the mother was unable to independently care for C. K. due to her cognitive delays. The mother had extensive problems in auditory processing and comprehension, and a personality disorder with dependent features. She had a full scale IQ of 70, and was functioning â€