In re T.A.

Filed 8/15/06 In re T.A. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from orders of the Superior Court of Los Angeles County,

Margaret S. Henry, Judge. Affirmed.

Jill Regal, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and William D. Thetford, Deputy County Counsel, for Plaintiff and Respondent.

Kenya C. challenges the orders of the juvenile court terminating parental rights and denying her petition, pursuant to Welfare and Institutions Code section 388,[1] for modification of the order terminating family reunification services. She contends that (1) she was prejudiced by the ineffective assistance of counsel throughout the dependency proceedings, (2) the juvenile court lacked jurisdiction over the minors, and (3) the orders were not supported by substantial evidence. We find no error and shall affirm the orders.

FACTUAL AND PROCEDURAL SUMMARY

Appellant Kenya C. is the mother of five-year-old T.A. and three-year-old T.C. Mother tested positive for marijuana at T.C.'s birth and admitted having a history of using the drug. DCFS filed a dependency petition in September 2003, alleging that mother placed the children at risk of physical and emotional harm under section 300, subdivisions (b) and (j), on the grounds that she was a marijuana user and had exposed T.C. to drugs in utero. The petition also alleged that previous family reunification services were unsuccessful. DCFS had received three prior referrals on the family alleging abuse and neglect. Mother was arrested and released for child cruelty in 2002. She was convicted of vandalism in 1997 and arrested for disorderly conduct/prostitution in 2003.

In July 2003, before the petition was filed, Mother had agreed to participate in counseling, parenting, and a substance abuse program with random drug testing. At the detention hearing on the petition, DCFS reported that mother had missed four out of seven drug tests, was moving from hotel to hotel on a daily basis, and had been observed hitting T.A. outside the courtroom. The juvenile court detained the children and ordered mother to visit at least three times per week. DCFS was ordered to give mother appropriate referrals for parenting classes and drug counseling and testing. DCFS also was ordered to assist mother in finding stable housing.

At the adjudication hearing, the parties agreed to amend the petition to indicate that mother was an occasional user of marijuana and not a frequent user. Mother submitted on the petition. The juvenile court declared the children dependents under section 300 and ordered mother to attend drug treatment, parent education, and individual counseling, and to submit to random drug testing. Mother also was ordered to continue regular monitored visits with the children.

At the six-month review hearing, DCFS reported that mother had completed a parenting class, was â€