Opinion
KLEIN, P. J.
J.C. (mother) appeals an order terminating her parental rights as to M.R. and D.R. and the summary denial of petitions for modification. (Welf. & Inst. Code, § 388.)1 Mother contends the denial of her section 388 petitions was an abuse of discretion, and the juvenile court erred in denying mother’s request for a continuance of D.R.’s permanency planning hearing and in terminating mother’s parental rights as to both children.
[1498] R.R. appeals the denial of a section 388 petition with respect to D.R. He also contends the juvenile court erroneously denied his request for a continuance of D.R.’s permanency planning hearing and improperly terminated his parental rights.
We affirm the orders of the juvenile court.
FACTUAL AND PROCEDURAL SUMMARY2
1. Mother’s dependency history.
Mother came to the attention of the Los Angeles County Department of Children and Family Services (the Department) in May of 2005 when a dependency petition was filed with respect to mother’s five oldest children. As sustained, 'the petition alleged mother had a nine-year history of methamphetamine abuse and mother left her youngest child at the hospital without making plans for the child’s care. Mother failed to reunify with these children and her parental rights were terminated in April of 2008.
2. M.R. ’s dependency case.
In October of 2008, the Department filed a dependency petition with respect to newborn M.R. The petition alleged mother had a 12-year history of methamphetamine abuse, mother failed to reunify with M.R.’s siblings and mother failed to participate in court-ordered substance abuse treatment programs and random drug testing. Mother completed a drug treatment program in March of 2009. M.R. was returned to mother in May of 2009 under a family maintenance plan. However, at the end of July 2009, the Department again detained M.R. based on mother’s failure to assure M.R.’s attendance at regional center appointments, failure to provide a stable home despite receiving services from four social agencies, and failure to keep the Department informed of mother’s address and telephone number.
3. The detention of D.R.
D.R. was bom in November of 2009. The Department detained the child at the hospital because there had been no change in mother’s circumstances after M.R. was removed from mother’s care three and a half months earlier. [1499] Mother was under a court order to drug test but she missed four drug tests during her pregnancy.
Mother advised hospital staff that R.R. was D.R.’s father and that mother and R.R. lived together. However, hospital social worker Dancy indicated R.R. denied being D.R.’s father, denied being mother’s “significant other” and refused to sign D.R.’s birth certificate. Dancy stated mother and R.R. “appeared to be arguing a lot, throughout the day, he kept leaving the [hospital] room upset. . . .” R.R. requested unsupervised contact with the infant. When he was informed he could only visit in the nursery, R.R. became upset and stated he did not wish to visit the child.
In the hospital room, R.R. told a social worker he would do what he needed to do to care for D.R. However, R.R. declined to hold D.R. before leaving the hospital, stating he would “just watch her through the window.” When the social worker advised R.R. he would be included in the detention report as D.R.’s alleged father, R.R. said he did not wish to be involved in court proceedings.
The detention report indicated R.R. refused to take parenting classes or participate in family preservation services when they were offered to him with respect to M.R. Also, the foster family agency reported R.R. was intimidating, argumentative and threatening during mother’s visits with M.R. The Department placed D.R. in a preadoptive foster home and recommended monitored visitation for mother and R.R.
4. Detention hearing.
At the detention hearing on November 19, 2009, in response to questions from the juvenile court, mother indicated R.R. was D.R.’s father. Mother stated she was not married to R.R. at the time of D.R.’s birth and his name is not on the child’s birth certificate. However, R.R. has held himself out as the child’s father, no one else could be the father of the child, and R.R. supported mother throughout the pregnancy.
The juvenile court found R.R. was D.R.’s alleged father and, over mother and R.R.’s objection, ordered R.R. to appear for HLA (human leukocyte antigen) paternity testing. The juvenile court ordered the Department to provide reunification services to mother and R.R., including weekly random drug testing. The juvenile court granted mother and R.R. twice weekly monitored visits with D.R. In response to a request by D.R.’s counsel, the juvenile court ordered mother and R.R. to visit D.R. separately.
[1500]*15005. The jurisdiction/disposition report.
Mother told the social worker she had been participating in a drug program and had been sober for about one year. Mother indicated M.R. is a regional center client because the child “has stiff arms and requires physical therapy.” Mother stated she missed M.R.’s first therapy session because mother got lost. Mother rescheduled but arrived late and no one was there.
The Department noted mother was attending domestic violence classes and drug treatment with random drug testing and that she had completed parenting and anger management classes.
6. Termination of reunification services with respect to M.R.
On December 14, 2009, the juvenile court received into evidence the social reports, evidence of mother’s compliance with the case plan and the HLA test results indicating R.R. is the biological father of D.R. As to M.R., the juvenile court terminated family reunification services and set a permanency planning hearing. As to D.R., the juvenile court continued the matter for a contested jurisdictional hearing.
7. Social reports filed in advance of D.R. ’s jurisdictional hearing.
The social worker visited mother and R.R. on December 29, 2009. R.R. continued to deny paternity and stated he did not want the social worker to visit him. R.R. indicated he would not participate in a drug program or random testing. R.R. indicated “it had not grown within him” to visit D.R.
On January 14, 2010, R.R. came to the Department office and stated he wanted to “step it up” and reunify with D.R. However, R.R. continued to refuse to participate in programs, dmg test or visit the child stating, “If I have to have supervised visits, I would rather not see her at all.”
8. Jurisdictional hearing; disposition.
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Opinion
KLEIN, P. J.
J.C. (mother) appeals an order terminating her parental rights as to M.R. and D.R. and the summary denial of petitions for modification. (Welf. & Inst. Code, § 388.)1 Mother contends the denial of her section 388 petitions was an abuse of discretion, and the juvenile court erred in denying mother’s request for a continuance of D.R.’s permanency planning hearing and in terminating mother’s parental rights as to both children.
[1498] R.R. appeals the denial of a section 388 petition with respect to D.R. He also contends the juvenile court erroneously denied his request for a continuance of D.R.’s permanency planning hearing and improperly terminated his parental rights.
We affirm the orders of the juvenile court.
FACTUAL AND PROCEDURAL SUMMARY2
1. Mother’s dependency history.
Mother came to the attention of the Los Angeles County Department of Children and Family Services (the Department) in May of 2005 when a dependency petition was filed with respect to mother’s five oldest children. As sustained, 'the petition alleged mother had a nine-year history of methamphetamine abuse and mother left her youngest child at the hospital without making plans for the child’s care. Mother failed to reunify with these children and her parental rights were terminated in April of 2008.
2. M.R. ’s dependency case.
In October of 2008, the Department filed a dependency petition with respect to newborn M.R. The petition alleged mother had a 12-year history of methamphetamine abuse, mother failed to reunify with M.R.’s siblings and mother failed to participate in court-ordered substance abuse treatment programs and random drug testing. Mother completed a drug treatment program in March of 2009. M.R. was returned to mother in May of 2009 under a family maintenance plan. However, at the end of July 2009, the Department again detained M.R. based on mother’s failure to assure M.R.’s attendance at regional center appointments, failure to provide a stable home despite receiving services from four social agencies, and failure to keep the Department informed of mother’s address and telephone number.
3. The detention of D.R.
D.R. was bom in November of 2009. The Department detained the child at the hospital because there had been no change in mother’s circumstances after M.R. was removed from mother’s care three and a half months earlier. [1499] Mother was under a court order to drug test but she missed four drug tests during her pregnancy.
Mother advised hospital staff that R.R. was D.R.’s father and that mother and R.R. lived together. However, hospital social worker Dancy indicated R.R. denied being D.R.’s father, denied being mother’s “significant other” and refused to sign D.R.’s birth certificate. Dancy stated mother and R.R. “appeared to be arguing a lot, throughout the day, he kept leaving the [hospital] room upset. . . .” R.R. requested unsupervised contact with the infant. When he was informed he could only visit in the nursery, R.R. became upset and stated he did not wish to visit the child.
In the hospital room, R.R. told a social worker he would do what he needed to do to care for D.R. However, R.R. declined to hold D.R. before leaving the hospital, stating he would “just watch her through the window.” When the social worker advised R.R. he would be included in the detention report as D.R.’s alleged father, R.R. said he did not wish to be involved in court proceedings.
The detention report indicated R.R. refused to take parenting classes or participate in family preservation services when they were offered to him with respect to M.R. Also, the foster family agency reported R.R. was intimidating, argumentative and threatening during mother’s visits with M.R. The Department placed D.R. in a preadoptive foster home and recommended monitored visitation for mother and R.R.
4. Detention hearing.
At the detention hearing on November 19, 2009, in response to questions from the juvenile court, mother indicated R.R. was D.R.’s father. Mother stated she was not married to R.R. at the time of D.R.’s birth and his name is not on the child’s birth certificate. However, R.R. has held himself out as the child’s father, no one else could be the father of the child, and R.R. supported mother throughout the pregnancy.
The juvenile court found R.R. was D.R.’s alleged father and, over mother and R.R.’s objection, ordered R.R. to appear for HLA (human leukocyte antigen) paternity testing. The juvenile court ordered the Department to provide reunification services to mother and R.R., including weekly random drug testing. The juvenile court granted mother and R.R. twice weekly monitored visits with D.R. In response to a request by D.R.’s counsel, the juvenile court ordered mother and R.R. to visit D.R. separately.
[1500]*15005. The jurisdiction/disposition report.
Mother told the social worker she had been participating in a drug program and had been sober for about one year. Mother indicated M.R. is a regional center client because the child “has stiff arms and requires physical therapy.” Mother stated she missed M.R.’s first therapy session because mother got lost. Mother rescheduled but arrived late and no one was there.
The Department noted mother was attending domestic violence classes and drug treatment with random drug testing and that she had completed parenting and anger management classes.
6. Termination of reunification services with respect to M.R.
On December 14, 2009, the juvenile court received into evidence the social reports, evidence of mother’s compliance with the case plan and the HLA test results indicating R.R. is the biological father of D.R. As to M.R., the juvenile court terminated family reunification services and set a permanency planning hearing. As to D.R., the juvenile court continued the matter for a contested jurisdictional hearing.
7. Social reports filed in advance of D.R. ’s jurisdictional hearing.
The social worker visited mother and R.R. on December 29, 2009. R.R. continued to deny paternity and stated he did not want the social worker to visit him. R.R. indicated he would not participate in a drug program or random testing. R.R. indicated “it had not grown within him” to visit D.R.
On January 14, 2010, R.R. came to the Department office and stated he wanted to “step it up” and reunify with D.R. However, R.R. continued to refuse to participate in programs, dmg test or visit the child stating, “If I have to have supervised visits, I would rather not see her at all.”
8. Jurisdictional hearing; disposition.
At a contested hearing on January 29, 2010, R.R. testified he visited D.R. for “a few minutes” after mother’s last two visits. R.R. had not attended any programs but had drug tested twice in the past two weeks and would attend a drug program if it were required. R.R. denied he refused to hold D.R. at the hospital or that he denied paternity after the HLA test results were known. R.R. testified he was “pretty sure” he was D.R.’s father and indicated he was willing to sign a declaration of paternity.
Mother testified she attends her programs, has not tested positive and has learned to live without drugs and to avoid domestic violence. Mother asserted she is a better person and is capable of caring for D.R.
[1501] The juvenile court sustained D.R.’s dependency petition, noting mother’s housing remained unstable, and denied mother family reunification services under section 361.5, subdivision (b)(10), (11) and (13).
Regarding R.R., the juvenile court found he had not stepped forward and had only visited the child in the last two weeks and even then, only “to stick his head in [at the end of mother’s visits] to see his child then leave. That is it.” The juvenile court noted R.R. was informed on December 14, 2009, that he is D.R.’s biological father. However, R.R. told the social worker two weeks later he still was not sure and he was not going to do any programs. When counsel indicated R.R. would sign a declaration of paternity, the juvenile court noted that, at the present time, R.R. was only an alleged father and, as such, was not entitled to family reunification services. The juvenile court denied R.R. family reunification services under section 361.5, subdivision (a) and set a permanency planning hearing for D.R.
9. Writ review of the order setting D.R. ’s permanency planning hearing.
Mother and R.R. sought writ review of the juvenile court’s order of January 29, 2010, setting a hearing under section 366.26 as to D.R. (Cal. Rules of Court, rule 8.452.) In J.C. v. Superior Court, supra, B222099, this court denied the petitions.
10. Social reports submitted for M.R. ’s permanency planning hearing.
A social report prepared for M.R.’s permanency planning hearing indicated 17-month-old M.R. was a regional center client who received services twice a week and appeared to be developing well. After M.R. was redetained from mother in July of 2009, she was placed with prospective adoptive parents who reported she was happy, they loved her and they wanted the best for her.
The report indicated mother failed to visit M.R. regularly after M.R. was redetained. Also, mother brought R.R. with her to visits with M.R., causing disruption.3 As a result, R.R. was no longer permitted to visit M.R.
On February 24, 2010, the social worker reported mother’s visits “go well.” During the visits, M.R. and mother play and read books and mother changes M.R.’s diaper. However, the foster mother (foster mother) reported M.R. becomes “quite anxious and withdrawn” on the drive to the visit. [1502] After visits, M.R. is clingy and fretful and often has difficulty sleeping for a few nights.
A report filed for M.R.’s section 366.26 hearing on April 12, 2010, indicated M.R. had adjusted well to her prospective adoptive home and had become part of the family. M.R. appeared bonded to her prospective adoptive parents and happy in their care. M.R.’s prospective adoptive parents were married in 2003 and have a son one year older than M.R. The children attend preschool in the morning. The prospective adoptive parents have a stable income and live well within their means. The prospective adoptive mother works from home and has an assistant who helps care for the children. The prospective adoptive parents reported M.R. has difficulty sleeping at times and this usually happens after a visit with mother. The Department recommended termination of parental rights and placement of M.R. for adoption.
11. Mother’s section 388 petition with respect to M.R.
On April 9, 2010, mother filed a section 388 petition with respect to M.R. Mother asserted she had complied with court orders in that she had finished a domestic violence program, a substance abuse program, a 12-week parenting and anger management program, has tested negative for drugs for the past year and has attended NA/AA meetings. twice per week for over a year. Mother asserted she visited weekly, had a strong bond with M.R. and it would be in the best interest of the child to be reunified with mother who “has turned her fife around.” Mother requested reinstatement of family reunification services.
12. Denial of mother’s section 388 petition with respect to M.R.
On April 12, 2010, the juvenile court set M.R.’s permanency planning hearing for a contest on May 26, 2010. The juvenile court denied a request by M.R.’s counsel that mother’s visits be terminated or limited to once per month. The juvenile court summarily denied mother’s section 388 petition for failure to state a change of circumstances and because the proposed change of order would not promote M.R.’s best interests.
13. Social reports prepared for M.R.’s contested permanency planning hearing and D.R. ’s permanency planning hearing.
An interim review report filed May 26, 2010, for M.R.’s contested permanency planning hearing indicated the only relevant updated information [1503] related to visitation. In that regard, foster mother reported M.R. experienced much anxiety before and after visits and that M.R. often has difficulty sleeping for a couple of nights after visits. M.R. sometimes cried inconsolably when foster mother left the visit. Foster mother decided to supervise M.R.’s visits in order to reduce M.R.’s anxiety. Foster mother reported mother has been consistent in her visitation since the last court hearing. Mother tries to interact with M.R. during visits but the child prefers to play by herself or with foster mother. At times, mother had difficulty changing M.R.’s diaper because M.R. would not let her. The social worker noted M.R. does not like to be told no and, when she gets upset, she throws tantrums in which she cries and kicks doors and walls. The social worker was concerned mother might not be able to protect M.R. during a tantrum or might react inappropriately.
On May 26, 2010, the Department also filed a status review report with respect to D.R. It noted D.R. appeared to be developmentally on target and her prospective adoptive parents report she “is a very happy, calm baby, and they love her and enjoy caring for her.” Prospective adoptive parents reported that, at times, D.R. “appears restless after visits” with R.R.
Mother missed a visit with D.R. on December 1, 2009, was an hour late on December 10 and 16, 2009, and was 45 minutes late on December 21, 2009. Neither mother nor R.R. attended D.R.’s multidisciplinary assessment on December 22, 2009. However, after the jurisdictional hearing, on February 3, 2010, R.R. contacted the social worker and asked to visit D.R. R.R. stated he realizes mother “doesn’t really have a chance to reunify with [D.R.] and it was up to [him] to do so.” The following day, February 4, 2010, R.R. had his first visit with D.R. Although he was advised that he was entitled to a two-hour visit, he said, “it’s okay, an hour works for me.” R.R. thereafter visited D.R. once a week for an hour. R.R. needed coaching during the first visits on holding an infant, diaper change and bottle feeding but the visits have been appropriate and R.R. was “very attentive.” R.R. missed a visit on May 6, 2010, but otherwise always arrived on time.
On March 17, 2010, R.R. indicated he was attending parenting and anger management classes. On April 26, 2010, R.R. provided a new contact number and indicated they would be moving to a new residence in Long Beach or Lakewood. Mother indicated she was participating in individual counseling.
On May 26, 2010, the Department filed a section 366.26 report which indicated D.R. was placed with prospective adoptive parents, Mrs. P. and Mrs. R., upon D.R.’s discharge from the hospital in November of 2009. [1504] Mrs. R is a communication specialist and Mrs. R. is an assistant professor. They have an adequate income and reside in a four-bedroom townhouse in a residential community. Their families are supportive of their plan to adopt, they have completed a 33-hour training course in parenting and their letters of reference describe them as responsible, caring and loving individuals. They have an eight-year-old daughter who is proud of being a big sister. The report indicated D.R. is attached to her prospective adoptive parents and they are committed to providing her love and security. The Department recommended termination of parental rights and adoptive placement.
14. R.R. ’s section 388 petition with respect to D.R.
On May 18, 2010, R.R. filed a section 388 petition requesting modification of the previous order designating R.R. an alleged father and denying him family reunification services. R.R. declared he and mother had completed a voluntary declaration of paternity which had been filed with the Department of Child Support Services (DCSS). Pursuant to Family Code section 7576, subdivision (a), this declaration conclusively established R.R. as D.R.’s presumed father and, as such, he was entitled to family reunification services. R.R. argued six months of family reunification services would not disrupt D.R.’s placement and it would be in the child’s best interest to have an opportunity to build a relationship with her father. R.R. attached to the petition a copy of the declaration of paternity which was signed by mother and the father (father) and witnessed by mother’s counsel on January 29, 2010.
15. Mother’s section 388 petition with respect to D.R.
On May 26, 2010, mother filed a section 388 petition with respect to D.R. which alleged the same change of circumstance stated in mother’s section 388 petition as to M.R., namely, that mother had completed domestic violence and substance abuse programs as well as a 12-week parenting and anger management program, she has continued to test negative and has attended NA/AA meetings. Mother requested family reunification services in order to maintain positive ongoing contact with D.R. Mother asserted she had complied with court orders, she was now in a position to be a better parent, and D.R. was young enough to grow up in her mother’s care.
16. The combined hearings of May 26, 2010.
On May 26, 2010, the juvenile court called the matter for a review hearing and a contested permanency planning hearing as to M.R., and section 388 petitions and a permanency planning hearing for D.R.
[1505] When the juvenile court indicated it intended to deny R.R.’s section 388 petition, R.R.’s counsel stated the voluntary declaration of paternity entitled R.R. to presumed father status. The juvenile court indicated there still had been no showing of a change in circumstances. Mother’s counsel protested that mother and R.R. signed the declaration and counsel witnessed it and “mailed the form out to the state.” The juvenile court denied the petition and stated R.R. was “an alleged father only.”
The juvenile court then indicated it was ready to proceed with the contested permanency planning hearing as to M.R. and saw no reason why D.R.’s permanency planning hearing also could not be conducted “today as the issues are identical.” When counsel for R.R. requested a contested hearing, the juvenile court responded the only relevant issue was whether an exception to adoption could be shown. Counsel for R.R. persisted that R.R. wished to testify “there is a bond between himself and [D.R.] . . . .” The juvenile court responded R.R. was present and could testify forthwith.
Mother’s counsel then requested a contested hearing as to D.R. and stated counsel and mother had received a copy of the social report that morning and mother “would like to have an opportunity to prepare and offer testimony.” The juvenile court suggested mother’s testimony “is going to be identical for [D.R.] as it is for [M.R.].” Mother’s counsel again objected mother had not had an opportunity to review the report and mother was entitled to a continuance by statute.
At that point, county counsel offered that, in an abundance of caution, the Department would not object to a brief continuance. The juvenile court found a continuance was not necessary, noted the only difference between the children was their age, and asked what different testimony mother would offer at a later time. Mother’s counsel responded mother believed, “by allowing her to have more time,” she would be able to obtain “more documentation regarding” her ability “to establish her bond with her child.” R.R.’s counsel joined in the request and stated R.R. also did not receive the report 10 days before the hearing and case law entitled him to a continuance. The juvenile court denied the request and indicated it was prepared to proceed over mother and R.R.’s objection.
After the juvenile court received the social reports into evidence, mother testified she visits each of her children once per week for two hours. During visits, mother reads to the children and plays with them. She would like to do more but is restricted by the length of the visits and the area in which they take place. M.R. reaches out to mother, kisses her and they laugh and [1506] play. D.R. smiles when she sees mother. Neither child seems upset during visits. M.R. has tantrums but only because she becomes upset when she does not get what she wants. Mother feeds D.R. snacks brought to the visits by foster mother. Mother believes she has a bond with each child even though she sees them only once a week. Mother wanted to participate in M.R.’s regional center activities but it was hard for mother to attend on the bus. Mother believes she has “the kind of bond that a mother and child should have, and I feel that if I had more time with them, that I can build a stronger bond with them.”
R.R. testified he plays with D.R. during visits, shows her the swings and walks around the sand. R.R. believes he has a strong bond with D.R., she recognizes him and is happy to see him. She has not cried with him. R.R. asked the juvenile court to give himself and mother another chance to regain “what we had going at one point.”
Mother’s counsel argued mother had done the best she could to remain engaged with the children and involved in their lives. Mother worked hard to turn her life around and she now would be an appropriate parent for both girls.
R.R.’s counsel argued the Department detained D.R. based on mother’s prior behavior and that R.R. consistently had asserted not only that he was D.R.’s biological father, but also that he should be her presumed father. When the juvenile court noted R.R. did not visit the child until February of 2010 and then saw the child only three or four times, counsel protested that father regularly had been attending visits, the visits were of high quality and R.R. had established a relationship with his daughter.
After the matter was submitted, the juvenile court stated that, as to mother, “this is a very sad situation” in that five of mother’s children previously had been placed for adoption. The juvenile court noted both mother and R.R. had only monitored visitation and neither had demonstrated that the beneficial parental relationship exception applied. The juvenile court pointed out that, “for the first three and a half months of [D.R.’s] life, [R.R.] never saw the child.” The juvenile court found, by clear and convincing evidence, both children were likely to be adopted and terminated parental rights.
CONTENTIONS
Mother contends the juvenile court erred in denying her section 388 petitions, in denying a continuance of D.R.’s permanency planning hearing and in terminating her parental rights.
[1507] R.R. contends the juvenile court erred in denying his section 388 petition, in denying a continuance of D.R.’s permanency planning hearing, and in terminating his parental rights.4
DISCUSSION
1.-4.