In re Allen S. CA3

FACTS

The minors, M., age 7; Julianna, age 3; and Allen, age 13 months, were detained in February 2010 due to parental substance abuse and neglect. The juvenile court sustained the petition, found the minors were Indian children and, in April 2010, ordered reunification services for mother. After 12 months of services, the minors had several extended visits with mother from March 2011 until July 2011 when the minors were returned to foster care following a domestic violence incident between mother’s teenage son and the father of the three minors.2 Mother’s services were terminated at the 18- month review hearing in August 2011 and a section 366.26 hearing was set for the three minors. The report for the section 366.26 hearing recommended long-term foster care with a goal of guardianship as the permanent plan. The minors were placed in a tribal foster home in Yreka, California. Mother continued to reside in Happy Camp, California. From July 2011 to December 2011, mother attended “seventy-one percent” of visits and missed four visits for positive drug tests. Mother continued to have contact with father despite his negative impact on the family. In February 2012, mother filed a…