In re E.E. CA2/6

Facts and Procedural Background Father and mother have a long history with the dependency system due to their chronic substance abuse and criminality, including the termination of their parental rights to their older children. In February 2023, Santa Barbara County Child Welfare Services (CWS) detained four-day-old E.E. after she tested positive at birth for amphetamines, methamphetamines, methadone, and fentanyl. Mother admitted to using fentanyl in the days prior to giving birth. E.E. was placed with paternal aunt. Mother submitted on jurisdiction and agreed to waive her rights. The juvenile court took judicial notice of parents’ prior dependency matters and found the allegations in the amended section 300 petition to be true. (§ 300, subds. (b)(1), (j).) At the disposition hearing, the juvenile court declared E.E. a dependent of the court, bypassed reunification services for both parents pursuant to section 361.5, subdivisions (b)(10), (b)(11), and (b)(13), and set the matter for a section 366.26 hearing. In September 2023, father and mother each filed a section 366.26 offer of proof asserting the parental-benefit exception applied. They also filed section 388 petitions…