In re Naomi S. CA5

INTRODUCTION

Mother E.B.’s parental rights were terminated and minor Naomi S. was determined to be adoptable. On appeal, mother argues her modification petition was properly before the juvenile court pursuant to Welfare and Institutions Code1 section 388 and that she met her burden of showing both changed circumstances and a change in placement were in the best interests of the child. Further, she contends substantial evidence did not support the juvenile court’s termination of her parental rights because the parent-child benefit exception should have been applied. Mother also asserts certain visitation conditions denied her a meaningful bond with her child. Lastly, she contends subdivision (h)(1) of section 366.26 violates the constitutional protections afforded by the equal protection clause. We will affirm.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND2

Prehearing Events A detention report filed February 7, 2013,3 by the Stanislaus County Community Services Agency (agency) states the following: Naomi was born in November 2012. On January 10, she was brought by ambulance to Emanuel Hospital “because she had stopped breathing.” Mother and M.S. (father), Naomi’s father, were…