In Re Richard C.

Donna L. Hall, under appointment by the Court of Appeal, for Minors.

OPINION

VARTABEDIAN, J.

Barbara D. appeals from a juvenile court order instituting guardianship of two of her children, Richard C. and Jennifer C. The court issued letters of guardianship upon its finding guardianship as the appropriate permanent plan in the place of adoption. An earlier Civil Code section 232 petition for termination of parental rights brought by the Stanislaus County Department of Human Services (the Department) had been denied by the superior court. Barbara principally claims the juvenile court erroneously placed the burden of proof upon her under Welfare and Institutions Code [1] section 366.3 at the time it appointed guardians for the minors. We disagree, affirming the appealed order.

Richard was born on May 11, 1988, six weeks prematurely. Barbara had not obtained prenatal care and tested positive for methamphetamine and cocaine at the time of Richard's birth. Richard also tested positive for methamphetamine. Richard was taken into protective custody on June 2, 1988.

A social worker went to Barbara's home on June 2, 1988. Barbara was not home; an older son, Ronald, [2] and Jennifer had…