In re Sierra M.







Filed 4/27/11 In re Sierra M. CA5






NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT

In re SIERRA M. et al., Persons Coming Under the Juvenile Court Law.
STANISLAUS COUNTY COMMUNITY SERVICES AGENCY, Plaintiff and Respondent, v. C.M., Defendant and Appellant.	F060772 (Super. Ct. Nos. 502374 & 515444) OPINION

APPEAL from a judgment of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge.
Thomas S. Szakall, under appointment by the Court of Appeal, for Defendant and Appellant.
John P. Doering, County Counsel, and Alice E. Mimms, Deputy County Counsel, for Plaintiff and Respondent.
-ooOoo-
Appellant C.M. is the father of the minors Sierra M. and Jonathan M. In this dependency proceeding, he appeals the denial of his Welfare and Institutions Code section 388 petitions.^[1] We find no abuse of discretion and affirm.
BACKGROUND
Appellant first came to the attention of child welfare in 1997 in Santa Clara County when both his newborn daughter Sierra and her mother (mother) tested positive for cocaine and methamphetamines. Mother admitted to drug and alcohol use during her pregnancy. A year and a half later, in February of 1999, appellant and mother were arrested for child endangerment. Mother, who was six months pregnant, and appellant were reported to be smoking cocaine and keeping cocaine and other drug paraphernalia in their bedroom under the bed. It was reported that Sierra had not been bathed in a week. Sierra was made a dependent of the juvenile court and family reunification services were offered to appellant and mother.
In July of 2005, Stanislaus County Community Services Agency (the agency) received a referral that the minors were wandering the neighborhood without supervision and that mother and appellant had come to the reporting party's house at 10:00 p.m. looking for them.
In January of 2007, the agency received two referrals that appellant and mother were not caring for the children, that mother was bipolar and psychotic, that mother was using methamphetamines, that appellant drank tequila and took pills, that there were hypodermic needles in the home, and that the home was â€