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R.C. v. Superior Court of Kings County10/28/2002
THE COURT
Petitioner seeks extraordinary writ review (Welf. & Inst. Code, §366.26, subd. (l); Cal. Rules of Court, rule 39.1B) of respondent court's order that a section 366.26 hearing be held on November 6, 2002, as to her sons T.C. and R.T. She contends the court erred in terminating reunification services. We will affirm the judgment.
STATEMENT OF THE CASE AND FACTS
Petitioner is the biological mother of three sons, N.H., and the subjects of this writ petition, T.C. and R.T. She also has a significant history of alcohol and drug abuse. As a result, T.C. was born with a positive toxicology screen for cocaine in 1992, resulting in his detention. N.H. was not detained because he was living with petitioner's maternal great-grandmother where he had lived most of his life. Petitioner received extended reunification services and T.C. was returned to her custody with family maintenance services.
The children were detained again in December 2000 when petitioner gave birth to R.T. who was born with a positive toxicology screen for cocaine. R.T., premature at 28-weeks gestation, weighed two pounds and two ounces. He was admitted to the neonatal intensive care unit and diagnosed as a Drug Exposed Infant with possible Fetal Alcohol Syndrome. He suffered respiratory problems, had an underdeveloped lower body and suffered withdrawal symptoms.
On December 13, 2000, the Kings County Department Of Human Services (department) filed a dependency petition on behalf of then 13-year-old N.H., 8-year-old T.C. and newborn R.T., alleging petitioner's substance abuse rendered her incapable of providing appropriate and consistent care for the children. (§ 300, subd. (b).) T.C. was placed with his maternal great-grandmother and R.T was placed in foster care. Upon her release from the hospital, petitioner was arrested for a probation violation for using cocaine while pregnant with R.T.
On April 14, 2001, the juvenile court ordered reunification services for petitioner consisting of a parenting program, attendance at Narcotics Anonymous (NA) and Alcoholics Anonymous (AA) meetings, as well as any other programs available through the correctional facility. The court also ordered petitioner to participate in substance abuse counseling and submit to random drug testing upon her release from prison. The court also ordered monthly visitation for petitioner while she was incarcerated.
On June 15, 2001, petitioner was released from prison. Within five days, she was arrested and incarcerated for driving under the influence and causing injury. She was expected to be released in February 2002.
The six-month review hearing was conducted on October 19, 2001. The department recommended continued services for petitioner in light of her early release date and her compliance with all services available to her while in prison. She was working on a self-study parenting course and attending NA meetings. She also visited with the children on June 18, 2001, and September 7, 2001, and the visits went well. The court found petitioner had been provided reasonable services and ordered an additional six months of services.
In its 12-month status review, the department recommended the court terminate services. The department reported petitioner continued to comply with her reunification plan. She completed a written parenting class, participated in a substance abuse program and received a certificate of achievement from the NA/AA program for five months of sobriety. Further, visitation between petitioner and her sons had gone well. She visited with T.C. monthly since January 2002. However, she visited with R.T. only three times because
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