In re Glenn W

Filed 3/15/06 In re Glenn W. CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from the orders of the Superior Court of Los Angeles County. Jan G. Levine, Judge. Affirmed.

Kimberly A. Knill, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Jerry M. Custis, Deputy County Counsel, for Plaintiff and Respondent.

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Suzanne W. (mother) appeals from the orders, made August 10, 2005, terminating parental rights to Glenn W., born in 1990, twins Timothy and Jeremy W., born in 1993, Bryan W., born in 1996, and Michael W., born in 1998, (the children)^[1] under Welfare and Institutions Code^[2] section 366.26. Thomas W., the children's father, did not appeal. Mother contends the dependency court erred in terminating parental rights because she proved that the exception to termination in section 366.26, subdivision (c)(1)(A) applied. We disagree and affirm the orders.

BACKGROUND

Mother had a history of drug abuse, housing instability, and neglect, endangerment, and physical and emotional abuse of the children. Father had a history of domestic violence, drug abuse, and crime. In 1999, the family law court gave mother primary custody of the children and father visitation. Mother's home was filthy, cluttered, roach and ant infested, and unsanitary. Mother had her children do the cooking, cleaning, washing, and child care while she slept. Numerous child welfare referrals were made on this family.

In July 2002, during a weekend visit with father in Riverside County, father left the children alone in his filthy, roach-infested motor home, while he was under the influence, drinking with friends. He was arrested for possession of methamphetamines, and a section 300 petition was filed in Riverside County. The children were detained in mother's home in Los Angeles County. As to mother, the dependency court in Riverside County sustained allegations under section 300, subdivision (b) (substantial risk of serious physical harm as a result of parent's failure to adequately supervise or protect), finding mother had a history of homelessness and inability to provide adequate care. The case was transferred to the dependency court in Los Angeles County to proceed with disposition. In November 2002, the Los Angeles County Department of Children and Family Services (the â€