San Diego County Health and Human Services Agency v. Debra B.

Good Law
143 Cal. App. 4th 1326·2006 Cal. App. LEXIS 1608·2006 Daily Journal DAR 13905·50 Cal. Rptr. 3d 57·2006 Cal. Daily Op. Serv. 9714
Court of Appeal of CaliforniaOctober 16, 2006No. D048353California3,650 words

Opinion

lead Opinion

McDonald, J.

Debra B. appeals a judgment terminating her parental rights to her minor son, Christopher L., under Welfare and Institutions Code section 366.26. 1 Debra contends the evidence is insufficient to support the court’s findings that the child-objection exception to adoption did not apply *1329 to preclude terminating parental rights under section 366.26, subdivision (c)(1)(B). We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Christopher was bom in June 1990. When he was 14 years old, the San Diego County Health and Human Services Agency (Agency) filed a petition under section 300, subdivision (b) on Christopher’s behalf. The petition alleged police officers arrested Debra for using narcotics and smoking marijuana in the presence of three-year-old April A., Christopher’s sibling. 2 Debra’s drug use allegedly rendered her unable to care for her children and placed the children at substantial risk of physical harm.

In the detention report, social worker Sophia Sanchez reported police officers observed Debra smoking marijuana in her home and, because April was in Debra’s presence, April inhaled secondhand smoke. The police further discovered marijuana and various drug…

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