In re Julia F.
Filed 9/13/06 In re Julia F. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re JULIA F., et al., Persons Coming Under the Juvenile Court Law. | |
| ORANGE COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. NICOLE F., Defendant and Appellant. | G036597 (Super. Ct. Nos. DP010068, DP010069 & DP010070) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Gary G. Bischoff, Judge, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Michelle L. Morris, under appointment by the Court of Appeal, for Defendant and Appellant.
Benjamin P. de Mayo, County Counsel, Dana J. Stits and Aurelio Torre, Deputy County Counsel, for Plaintiff and Respondent.
No appearance for the Minors.
* * *
Nicole F. appeals from a judgment terminating parental rights and freeing for adoption her now 11-year-old daughter Julia, nine-year-old son Richard, and
seven-year-old son David.[1] Nicole contends the court should have applied the benefit exception (Welf. & Inst. Code, § 366.26, subd. (c)(1)(A))[2] to select a permanent plan other than adoption. We find the record does not support her contentions and affirm the judgment.
I
In April 2004, Julia, Richard, David, and their older brother Mark (13 years old), were taken into protective custody after Richard reported he had been struck by his stepfather, Casey F., 15 times on his buttocks with a wooden board wrapped in duct tape. The board measured two feet long and was two inches thick. Richard suffered severe bruising, swelling, and blistering, and could not sit down for two days. His parents kept Richard out of school for over a week. Nicole was at home and witnessed the abuse, but failed to protect Richard. His siblings reported they all have been hit on previous occasions by both of their parents.
The petition alleged both parents had â€
