In re E.W.

Filed 6/27/06 In re E.W. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(San Joaquin)

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Tara W. (appellant), the mother of E. W. (the minor), appeals from orders of the juvenile court denying her petition for modification and terminating appellant's parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395; further undesignated section references are to the Welfare and Institutions Code.) Appellant contends the juvenile court abused its discretion in denying her petition for modification and the court erred in terminating her parental rights because she had established the minor would benefit from continuing contact with her, pursuant to section 366.26, subdivision (c)(1)(A). Disagreeing with both of those contentions, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On February 6, 2003, San Joaquin County Human Services Agency (HSA) filed an original juvenile dependency petition pursuant to section 300 on behalf of the days-old minor. That petition alleged at birth the minor tested positive for illegal drugs, and appellant had a history of substance abuse, which rendered her unable to provide adequate care for the minor. The juvenile court sustained the petition, adjudged the minor a dependent child, and ordered the minor placed in foster care.

According to social worker's reports, appellant participated in substance abuse treatment programs, but either violated program rules or continued to use illegal drugs. However, appellant visited regularly with the minor and was â€