In re P.M.

Filed 2/21/07  In re P.M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 a judgment of the Superior Court of Los Angeles County.  D.  Zeke  Zeidler, Temporary Judge.  (Pursuant to Cal. Const., art. VI, §  21.)  Affirmed.

            Rich Pfeiffer, under appointment by the Court of Appeal, for Defendant and Appellant.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent.

            K.U. (mother) appeals from the judgment terminating parental rights to her daughter P.M. under Welfare and Institutions Code section 366.26.^[1]  Mother's only argument on appeal is that there is no substantial evidence to support the trial court's finding of inapplicability of the exception to termination of parental rights pursuant to section 366.26, subdivision (c)(1)(A).  We reject the contention and affirm the judgment.

STATEMENT OF FACTS AND PROCEDURE

            P. was born in 2002 to mother and Sean M. (father).^[2]  Mother had a criminal history and history of abusing drugs.  She frequently abused methamphetamines.  Her criminal history began with a conviction of grand theft in 1991.  In 2001, mother was arrested on charges of identity theft, forgery, receiving stolen property, possession of burglary tools, possession of a controlled substance, and grand theft auto.  It was alleged she was involved in a stolen vehicle ring.  She failed to appear in court after release on bail and fled with father and P. to the Cayman Islands.  When they returned to the United States in 2002, mother was convicted of receiving stolen property and incarcerated for one year in a diversion program.  P. was allowed to live with her in custody.  Mother was released in March 2003. 

Mother did not provide P. with a stable lifestyle.  P. was moved from home to home as mother left her in the care of relatives and boyfriends.  Mother continued to engage in identity theft and to associate with father's criminal associates.  Mother exposed P. to drugs within P.'s reach and to an intravenous-drug user with a criminal record who lived in the home.  Mother allowed this individual to provide care for P. and drive P. to school.

            Mother's drug, criminal, and unstable lifestyle adversely affected P.  She exhibited difficulties and behavioral problems as a result of the stressful environment mother provided.  However, the maternal grandparents, paternal aunt, and mother's old boyfriend, Roger N.,^[3] were all involved in P.'s life and helped her deal with the stresses mother created.  P. was happy and well-cared for when in her relatives' and Roger's care.  The paternal aunt paid for P. to attend a private preschool beginning in July 2003, providing P. with a needed measure of stability.  She also paid for babysitting and P.'s extracurricular activities.  For the most part, P. was taken to school and picked up from school not by mother but by the maternal grandparents, Roger, or the paternal aunt.  The preschool alerted mother that the problems P. exhibited in school indicated P. needed more routine and stability at home, but mother did not pay heed.

            The police conducted a surveillance of mother's home as part of an identity theft investigation in the spring of 2004.  A search of the home pursuant to a search warrant lead to the discovery of numerous identifications with various names in mother's purse, packages shipped to the home under various names, information and materials used to make fraudulent identifications, boxes of hypodermic needles, methamphetamines, and marijuana.  Mother admitted she currently had a methamphetamine habit and produced fraudulent identification and fraudulent cell phone applications. 

            Mother was arrested and ultimately charged with forgery or counterfeiting of public or corporate seals in violation of Penal Code section 472 and possession of a controlled substance in violation of Health and Safety Code section 11377.  A social worker from the Department of Children and Family Services (the Department) arranged for P. to stay with the maternal grandparents.  The social worker informed mother that P. must remain in the maternal grandparents' care until mother's criminal proceedings were resolved.  Mother violated this directive when she was released on bail at the end of April 2004 by taking P. to live with her. 

            Mother wanted P. placed with her current boyfriend of brief duration.  After investigation, the Department concluded he should have no contact with P. 

            Mother tried to sabotage the placement with the maternal grandparents.  She told P. the maternal grandmother was a mean person and the maternal grandfather was responsible for P. not being able to live with mother.  In order to please mother, P. said things to others that she thought mother wanted her to say.  She told the social worker she did not want to live with her maternal grandmother and begged her maternal grandfather to let her live with mother.  Mother further confused P. by telling her to call the current boyfriend, â€