In re J.C.
Filed 10/5/10 In re J.C. CA1/1
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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opinion has not been certified for publication or ordered published for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
FIRST
APPELLATE DISTRICT
DIVISION
ONE
In re J.C.,
a Person Coming Under the Juvenile Court Law.
ALAMEDA
COUNTY SOCIAL SERVICES AGENCY,
Plaintiff and Respondent,
v.
C.T. et
al.,
Defendants and Appellants.
A127946
(Alameda
County
Super. Ct.
No. OJ08010395)
Appellants
H.C. and C.T. are the father and mother, respectively, of three-year-old J.C.,
a dependent child of the juvenile court. After appellants failed to reunify with J.C.,
the court found the child was likely to be adopted and terminated appellants'
parental rights. Appellants contend
there was insufficient evidence to
support the juvenile court's finding of adoptability. We disagree and affirm.
I. FACTS
On
July 16, 2008, respondent Alameda County Social Services Agency
(Agency) filed a dependency petition alleging failure to protect and sibling
abuse. (Welf. & Inst. Code,
§ 300, subds. (b) & (j).)[1] According to the petition, 16-month-old J.C.
ingested the entire contents of Mother's prescription bottle of Klonopin, nine
and one-half tablets, on July 14. J.C.
was hospitalized for at least two days for treatment as a result of the
overdose. Appellants failed to
adequately secure the medication from J.C.
Father inadequately supervised J.C. because he was in the room when the
child ingested the medication. Father is
diagnosed with depression for which he has not obtained adequate
treatment. His symptoms include
excessive sleep and inattentiveness which contribute to his inability to
supervise J.C. Mother is diagnosed with
bipolar disorder and anxiety, and has not followed through with treatment.
The
petition further alleged that Mother had shown repeated insufficient attention
to J.C. on several occasions. On one
occasion, she took J.C. outside with her while she took out the garbage, and
forgot to bring J.C. back inside the house.
Appellants did not come looking for the child for several minutes. J.C.'s paternal aunt (Aunt) found the toddler
by the garbage cans. On another occasion
Mother gave J.C. lettuce to eat, which caused the child to choke and stop
breathing. The Aunt intervened and saved
the child. Finally, the Aunt had
cautioned Mother on several occasions regarding leaving medication within reach
of J.C.
The
petition also alleged that J.C.'s two older siblings were dependent children
due to appellants' neglect.
The
incidents alleged in the petition occurred when appellants were living with the
Aunt, who had allowed appellants to convert her garage to living quarters for
the sake of the child. Appellants had
been homeless and the Aunt did not want J.C. to live in a series of homeless
shelters. When J.C. was discharged from
the hospital, she was placed with the Aunt who continued to care for her. The aunt had been living in the Bay Area for
a year and a half, having relocated from Boston.
In
its jurisdiction/disposition report,
the Agency recommended that J.C. be made a dependent child and appellants be
offered reunification services. Mother
agreed with this recommendation.
Father's position was unknown.
The Agency reported: â€
| Description | Appellants H.C. and C.T. are the father and mother, respectively, of three-year-old J.C., a dependent child of the juvenile court. After appellants failed to reunify with J.C., the court found the child was likely to be adopted and terminated appellants' parental rights. Appellants contend there was insufficient evidence to support the juvenile court's finding of adoptability. Court disagree and affirm. |
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