LOS ANGELES COUNTY v. TRYPHENA R.,


Filed 2/3/06




CERTIFIED FOR PUBLICATION





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SECOND APPELLATE DISTRICT





DIVISION EIGHT






In re AALIYAH R., a Person Coming Under the Juvenile Court Law.
B183517

(Los Angeles County

Super. Ct. No. CK 49921)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

TRYPHENA R.,

Defendant and Appellant.


APPEAL from a judgment of the Superior Court of Los Angeles County. Marilyn Mackel, Commissioner. Affirmed.

Andre F. F. Toscano, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Deborah L. Hale, Deputy County Counsel, for Plaintiff and Respondent.

* * * * * *


Tryphena R., mother of four-year-old Aaliyah, appeals from two juvenile court orders: an order denying a petition for modification under Welfare and Institutions Code section 388[1] and an order terminating parental rights. Mother asserts the court abused its discretion in denying her section 388 petition by disregarding significant factors that compelled either the child's return to mother's custody or further family reunification services. Mother further asserts the court erred in terminating parental rights because the parental relationship exception under section 366.26, subdivision (c)(1)(A) applies.[2] We affirm.

FACTS

Mother was 15 years old and a dependent child of the court when she gave birth to Aaliyah in January 2002. After her birth, Aaliyah resided with mother at St. Anne's Group Home (St. Anne's), a residential placement with specialized services for teens who are pregnant or have children.

The record indicates a long period of unstable behavior by mother, not the least of which was her neglect and refusal to take care of Aaliyah, despite the juvenile court's extensive efforts to avert loss of mother's parental rights.

In August 2002, when Aaliyah was seven months old, the Los Angeles County Department of Child and Family Services (Department) filed a petition under section 300, subdivision (b) on Aaliyah's behalf. The petition as amended alleged that mother was a minor herself and had only a limited ability to care for her child and that she had left Aaliyah unattended without adult supervision and in a poor state of hygiene.[3] The court ordered Aaliyah to be detained in foster care with monitored visits for mother.

The Department provided documentary evidence, supported by mother's admissions, that she was frustrated with caring for her baby, screamed at and neglected the baby, had limited ability to care for the baby, was chronically noncompliant with placement rules and regulations and needed work with anger management in relation to her peers.

In October 2002, the juvenile court found the amended petition to be true and declared Aaliyah a dependent of the juvenile court. The court ordered six months of reunification services for mother and ordered her to attend individual counseling to address case issues including anger management. The court allowed weekly monitored visits between mother and Aaliyah and gave the Department discretion to liberalize and increase the visits.

At mother's request, Aaliyah was placed in the home of Mildred J. (Mildred), who was an extended family member and then caretaker of mother's sister. At this time, St. Anne's was providing mother with a number of services, including parenting education, individual and group counseling, 24-hour medical care, 24-hour staff support, sex education and family planning, individual educational counseling, an onsite school, food, a clothing allowance, passes for visits with Aaliyah as well as with mother's family and transportation assistance.

In March 2003, the Department reported to the court that Mildred had asked the Department to remove Aaliyah and her aunt from Mildred's home after mother made unfounded allegations that Mildred was neglecting Aaliyah. The Department reported that mother was showing overall improvement, but she was not complying with the rules and regulations at her placement. She continued to have issues with anger management, of going AWOL (absent without leave) and inappropriate interaction with her peers. During this period, mother had monitored visits with Aaliyah and had begun attending to Aaliyah's needs during the visits.

In June 2003, mother's case manager at St. Anne's testified that although mother's behavior had recently improved, her behavior was inconsistent and she had been â€