Filed 11/28/05 In re Marina C. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

In re MARINA C., a Person Coming Under the Juvenile Court Law.	B183484 (Los Angeles County Super. Ct. No. CK32206)
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. T.C. et al., Defendants and Appellants.

APPEAL from the orders of the Juvenile Court of Los Angeles County. Emily A. Stevens, Judge. Affirmed.

Michael A. Salazar, under appointment by the Court of Appeal, for Defendant and Appellant T.C.

Sharon S. Rollo, under appointment by the Court of Appeal, for Defendant and Appellant Jesus A.

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

__________________

Jesus A. (Father) appeals from the orders of the juvenile court denying his petition pursuant to Welfare and Institutions Code section 388[1] and terminating parental rights to his daughter J.A. T.C. (Mother) appeals from the orders of the juvenile court denying Father's section 388 petition, in which she joined, and terminating parental rights to her children Marina C., Cristian C., Karen C., and J.A.[2] Each appellant contends that there was no substantial evidence to support the juvenile court's ruling that the contact and benefit exception to adoption, set forth in section 366.26, subdivision (c)(1)(A), was inapplicable. We affirm.

FACTS

On January 2, 1998, the Los Angeles County Department of Children and Family Services (Department) filed a dependency petition on behalf of Marina, then age 7, Cristian, then age 2, and Karen, then age 1, after Mother was arrested for child endangerment because she left the children home alone without supervision. The children appeared dirty and hungry, and Marina told police that Mother frequently had left her home alone to care for the younger children. Mother did not submit evidence opposing the petition, and the petition was sustained under section 300, subdivision (b). The children were declared dependents of the court and reunification services were ordered. The children were placed with maternal relatives and Mother was granted monitored visitation.

The report for the six-month review in September 1998 stated that Mother completed a required parenting class. Mother reported that she had a boyfriend, Jesus A. (Father). The court ordered that Father not participate in visits with the children until he was investigated.

J.A. was born to Mother and Father in February 1999 and lived with Mother. Father was in Mexico but helped Mother financially. It was reported that Mother completed domestic violence counseling and continued to attend parenting classes. At the 12-month review hearing in March 1999, the court continued reunification services and gave the Department discretion to permit Mother to have weekend and overnight visits with the three older children and to begin a 60-day visit with them. The three older children, who had been living with maternal relatives, were placed with Mother for the 60-day visit in May 1999.

The June 1999 report indicated that Mother was complying with the case plan and that she stated she would never leave the children alone again. The three older children were returned to Mother's custody, under the Department's supervision, at the 18-month review hearing in June 1999.

The report filed for December 1999 indicated that the children were well cared for but that, at the time of a social worker visit in November 1999, it was discovered that Mother had again left Marina alone. At the hearing, the court stated that while Mother was complying with the case plan, she still did not understand â€