In re Kristopher H.

Filed 3/24/06 In re Kristopher H. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(El Dorado)

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Amber T., mother of the minors, appeals in propria persona from orders of the juvenile court denying her petition for modification and terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395 [further undesignated statutory references are to this code].) Appellant contends service of the report for the selection and implementation hearing was untimely and the court erred in failing to grant her petition for modification. We affirm.

FACTS

In November 2003, the minors, Kristopher, age six and Joseph, age five, were removed from parental custody due to parental substance abuse and domestic violence. Appellant admitted an extensive history of substance abuse, stipulated to a case plan and began working on rehabilitation soon after the minors' removal.

Although appellant had difficulty engaging in services and continued to test positive for drugs at the outset, she eventually began to show improvement and the juvenile court extended her services. In July 2004, the court ordered the minors returned to appellant under supervision. However, within weeks, appellant had relapsed into prescription drug abuse and was discharged from her treatment program. The minors were again removed. The court continued services and set a 12-month review hearing.

According to a status review report in October 2004, appellant had been reinstated in a treatment program but was again dropped due to lack of participation. Appellant had not visited the minors for several weeks and had again tested positive in August and September 2004. Appellant was homeless and had been diagnosed with Hepatitis C.

At the 12-month review hearing in November 2004, the parties stipulated to termination of services but appellant was to file a petition for modification if she was fully compliant with the existing services plan prior to the selection and implementation hearing. Appellant did not participate in the case plan or visit the minors and the court terminated visitation but permitted appellant to write to the minors.

In March 2005, appellant filed a petition for modification, seeking to reinstate services. Appellant alleged that she had entered an eight-month program, U-Turn for Christ, at the end of January 2005 and had been drug free since. Appellant further alleged she was taking a parenting class and would soon complete the initial phase of the program. According to appellant, the next phase could include local reunification services. A letter from the program indicated the residential program relied completely upon spiritual growth to provide a sound basis for a productive return to the community. The court set the petition for hearing.

The social worker's assessment of March 2005, for the section 366.26 hearing stated the minors were healthy, normal children with no serious behavioral problems and were likely to be adopted although a prospective adoptive home had not yet been located. Appellant had not visited the minors since September 2004 and they had not asked about her.

At the contested hearing on both appellant's petition for modification and the selection and implementation of a permanent plan for the minors, appellant testified she had been clean and sober for two months in the highly structured inpatient phase of her treatment program, U-Turn for Christ, and was just entering the phase in which she would move forward and become self-sufficient. The criminal court sent appellant to the program in lieu of jail following several probation violations. Appellant testified she had a lengthy history of substance abuse and had abused prescription drugs during the last four years although she had stopped using from time to time. She further testified she had continued working on some aspects of her case plan before entering her current program. Appellant said she relapsed after the minors were returned to her care in 2004 due to the stress of being diagnosed with Hepatitis C.

A full time volunteer of U-Turn for Christ testified about the faith-based program to treat addiction and stated that appellant's housing for the next phase would depend upon the court's ruling on the petition for modification. As far as the volunteer knew, appellant had not participated in any elements of her reunification plan except the faith-based substance abuse treatment program since January 2005.

The social worker testified the minors needed stability and further services to appellant was not in their interest. The social worker was aware appellant had entered U-Turn for Christ and encouraged her efforts. In response to the court's questions, the social worker stated that appellant had a severe polysubstance abuse problem and cycled in and out of recovery. As a result, the minors had a troubled relationship with appellant and worried about her.

The court ruled that appellant's circumstances were changed but had not changed enough. The court observed that appellant had a serious substance abuse problem and it was not close to being resolved. Moreover, the court found there was no evidence â€