In re Gerardo D.

Filed 5/5/06 In re Gerardo D. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 Los Angeles Superior Court, Juvenile Division. Joan Carney, Referee. Affirmed.

Karen B. Stalter, under appointment by the Court of Appeal, for Appellant.

Gloria A., in propia persona.

No appearance for Respondent.

_______________________________

INTRODUCTION

The mother and father of Gerardo D. appeal from juvenile court order terminating their parental rights. Counsel were appointed to represent the mother and father on appeal. After an examination of the record, counsel notified this court of their inability to file briefs on the parents' behalf. (In re Sade C. (1996) 13 Cal.4th 952 (Sade C.).) This court advised the mother and father of their right to submit papers addressing any issues they believed remained viable on appeal. Although the mother filed a letter brief, she asserts no claim of legal error and cites no legal authority. Her letter simply reports, without more, that she had completed her program. After reviewing the entire juvenile court record and finding no error, we affirm the order.

FACTUAL AND PRODECURAL BACKGROUND

Gerardo came to the attention of the Department of Children and Family Services after he and his mother tested positive for amphetamine when he was born in November 2004. According to the sustained petition;

· The mother's use of amphetamine during pregnancy was the cause of the positive toxicology screens at Gerardo's birth.

· Gerardo's father was aware the mother was abusing controlled substances during pregnancy and failed to act to prevent the substance abuse.

· Previously, the mother's substance abuse caused Gerardo's sister Angela's cocaine exposure at birth and resulted in her dependency status. During Angela's dependency, the mother failed to comply with substance abuse treatment orders and to reunify with Angela.

· The mother's and father's history of substance abuse rendered them incapable of properly caring for Gerardo and endangered his health and safety.

After the petition was sustained, Gerardo was formally ordered placed in the foster home of Maria Arroyo and Luis Triana, with whom he had resided since after his birth. It also was the foster home in which his sister Angela was placed. Under the disposition order, DCFS was not required to provide family reunification services to the mother because of her failure to benefit from the prior provision of services, or to the father on the ground he was only an â€