In re C.B.

Filed 5/25/06  In re C.B. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

                        Appeal from a judgment of the Superior Court of Orange County, Ronald P. Kreber, Judge.  Affirmed.

                        Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant Robin B.

                        Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant Ronald M.

                        Benjamin P. de Mayo, County Counsel, Dana J. Stits and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent.

                        No appearance for the Minor.

*                *                *

                        Robin B. (mother) and Ronald M. (father) appeal from a judgment terminating their parental rights as to C. B. (the child).  The sole claim asserted by each parent is that the juvenile court erred in finding the beneficial parent-child relationship exception did not apply in this case.  (Welf. & Inst. Code, §  366.26, subd. (c)(1)(A); all further statutory references are to this code.)  Since the record supports the juvenile court's finding, we affirm the judgment. 

FACTS

                        Shortly after her birth in May 2003, the Orange County Social Services Agency (SSA) detained the child because mother, who had a history of substance abuse, began exhibiting psychotic symptoms.  SSA filed a juvenile dependency petition which the juvenile court subsequently sustained.  The court approved a family reunification plan and twice weekly supervised visits between mother and the child.  Mother failed to comply with the reunification plan.  At the January 2004 six-month review hearing, the court terminated services and scheduled a selection and implementation hearing.  Mother filed a petition with this court challenging the juvenile court's ruling.  We denied her petition by written opinion.  (Robin B. v. Superior Court (Apr. 30, 2004, G033450) [nonpub. opn.].) 

                        Shortly, after the juvenile court scheduled the selection and implementation hearing, mother advised SSA that Ronald M. is the child's father.  The juvenile court granted father's section 388 petition seeking reunification services and took the selection and implementation hearing off calendar.  Father's plan included weekly monitored visits with the child.  At a January 2005 status review hearing, the court found father had failed to make substantial progress on his reunification plan and the child could not be returned to either parent.  It terminated reunification services and scheduled a new selection and implementation hearing. 

                        At the hearing, the parties conceded the child was adoptable.  The proceeding primarily focused on whether the beneficial parent-child relationship exception applied to preclude choosing adoption as the permanent plan and terminating parental rights. 

                        The evidence showed both parents regularly visited with the child.  During mother's visits she interacted with the child by feeding her, changing her diaper, singing to her, and playing with her.  However, mother continually made bizarre and inappropriate statements to the child about her father being God or Moses, describing her as the â€