A.R.
Los Angeles County Department of Children & Family Services v. A.R.
Opinion
concurrence Opinion
Baker, J.
I join the majority’s opinion, except its discussion of the circumstances in which a trial court may consider a missed drug test to be equivalent to a positive drug test. In my view, we need not opine on the circumstances under which a trial court may infer consciousness of guilt from the failure to submit to drug testing in order to resolve the issues before us. Rather, it is mother A.R.’s failure to seek treatment for a long-standing drug problem, including drug testing that is customarily a core component of such treatment, that stands this case in stark contrast to In re S.B. (2008) 164 *1305 Cal.App.4th 289 [ 79 Cal.Rptr.3d 449 ] and undercuts the showing the mother attempted to make in support of invoking the beneficial parent relationship exception.
Appellant’s petition for review by the Supreme Court was denied August 17, 2016, S235910.
lead Opinion
Turner, J.
I. INTRODUCTION
The mother, A.R., appeals from the September 29, 2015 order terminating her parental rights. She argues the juvenile court should have applied the beneficial parent-child relationship exception pursuant to Welfare and Institutions Code 1 section 366.26, subdivision (c)(l)(B)(i). The juvenile court reasonably concluded the mother failed to show her relationship with the children outweighed the benefits of adoption. We affirm the order.
II. PROCEDURAL HISTORY
On October 22, 2013, the Los Angeles County Department of Children and Family Services (the department) filed a section 300 petition. The petition was filed on behalf of four-year-old Noah G. and newborn Jose G. The petition alleges the children are dependents of the juvenile court under section 300, subdivision (b). The petition alleges the mother has a history of illicit drug abuse, including marijuana and methamphetamine; this drug use renders her incapable of providing the children with proper care and supervision; the mother used illicit drugs throughout her pregnancy with Jose; the mother tested positive for methamphetamine at Jose’s birth on October 16, 2013; and the mother’s drug abuse…