In re A.H.

 

 

 

Filed
1/29/07  In re A.H. CA3

 

 

 

NOT
TO BE PUBLISHED

 

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  This opinion has not been certified for
publication or ordered published for purposes of rule 977.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

THIRD APPELLATE
DISTRICT

(Sacramento)

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In re A.H., a Person Coming Under the Juvenile Court Law.
SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES,            Plaintiff and Respondent,        v.   D.H.,            Defendant and Appellant.	C053182   (Super. Ct. No. JD223318)

 

 

 

 

     D.H. (appellant), the mother
of A.H. (the minor), appeals from juvenile court orders terminating her parental rights.  (Welf.
& Inst. Code, §§ 366.26, 395; further section references are to this
code.)  She raises no issues relating to the proceedings in which her parental
rights were terminated.  Instead, she reargues issues previously raised in a
petition for writ relief pursuant to California Rules of Court,
rule 8.452.  (See Joyce G. v. Superior Court (1995) 38 Cal.App.4th 1501.) 
We shall affirm the orders.

FACTS

     In
November 2005, the Department of Health
and Human Services filed a dependency petition to remove the newborn minor
from appellant's custody.  The petition alleged that the minor tested positive
for cocaine at birth and that appellant admitted she used drugs in the
first trimester of the pregnancy.  The petition further alleged that the minor's
twin half-siblings also tested positive for cocaine at birth in February 2004,
that they and a third half-sibling were removed from appellant's custody, that appellant's
reunification services were
terminated, and that adoption proceedings for the half-siblings were
pending. 

     Appellant had previously
failed both informal supervision and court-ordered treatment.  When questioned
after the minor's birth, appellant insisted that she had not been using illicit
drugs since May 2005 and had been living in transitional housing since
September 2005 after completing a residential drug treatment program.  Because
the minor tested positive for cocaine, appellant was discharged from her transitional
housing and was returned to inpatient treatment.  It was unclear whether appellant
was testing while in transitional housing; however, her last test in May 2005,
upon admission to the inpatient program, was positive. 

     The report for the jurisdictional
and dispositional hearings stated that after her initial interviews, appellant
contacted the social worker and admitted she met the minor's father the day
before the minor was born and â€