In re Bethany H.

Filed 7/20/06 In re Bethany H. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

APPEAL from an order of the Superior Court of Tuolumne County. James A. Boscoe, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant.

Gregory J. Oliver, County Counsel, and Sarah Carrillo, Deputy County Counsel, for Plaintiff and Respondent.

-ooOoo-

Linda H. (mother) appeals from the juvenile court order terminating her reunification services at the six-month review hearing involving her three youngest children, Christopher, Bethany and Robert T.. She claims the juvenile court abused its discretion by terminating her services. We affirm.

Facts and Proceedings

On March 3, 2005, a petition was filed seeking to obtain juvenile court jurisdiction over Christopher (two years old), Bethany (almost five years old), and Robert T. (six years old). A detention hearing was held and the court found that the removal of the children from mother's custody was necessary. At the time of the children's removal, their father, Robert H. (father), was not living with them and did not have legal or physical custody of them. Father is not a party to this appeal.

The amended petition alleged that the children fell within the provisions of Welfare and Institutions Code section 300, subdivision (b) because the parents had failed to protect the children.^[1] The petition contained four allegations. The first allegation stated mother failed to provide adequate supervision of the children, placing them at risk of serious physical harm or death. This allegation was based on two occasions when Bethany was seen wandering around a busy intersection with no supervision, and two separate occasions when Christopher was observed wandering around the same intersection without supervision. Christopher was almost hit by three cars. Mother was not home at the time of these incidents and had left the children in the care of inappropriate caretakers.

The second allegation asserted mother had failed to provide the children with adequate shelter and clothing. When the social worker went to the home, she found the home to be unsafe and unsanitary. Conditions included â€