In Re Earl L.

18 Cal.Rptr.3d 74 (2004) 121 Cal.App.4th 1050 In re EARL L. et al., Persons Coming Under the Juvenile Court Law.

Los Angeles County Department of Children and Family Services, Plaintiff and Respondent,

v.

Nerissa H., et al., Defendants and Appellants.

No. B172287. Court of Appeal, Second District, Division Four.

August 24, 2004. [75] Anna L. Ollinger, Cathedral City, under appointment by the Court of Appeal, for Defendant and Appellant Nerissa H.

Mary Elizabeth Handy, under appointment by the Court of Appeal, for Defendant and Appellant Earl L., Sr.

Office of the County Counsel, Larry Cory, Assistant County Counsel, and Pamela Landeros, Deputy County Counsel, for Plaintiff and Respondent.

Certified For Partial Publication.[*]

EPSTEIN, Acting P.J.

Nerissa H. (Mother) and Earl L., Sr., (Father; collectively Parents) appeal from the order terminating their parental rights over Earl L. and Earllia L., which freed them for adoption.

Parents contend the juvenile court violated their rights to due process (U.S. Const., 14th Amend.) by requiring them to make an offer of proof before setting a contested hearing to determine whether the sibling exception (Welf. & Inst.Code, § 366.26, subd. (c)(1)(E))[1] applied. They also contend that setting Earl L. and Earllia L. free for adoption would be detrimental in light of their strong bond with two older half siblings, Jamesha T. and Jesse T.

Based on our review of the record and applicable law, we affirm the order. In particular, we conclude that the offer of proof procedure set forth in our earlier decision of In re Tamika T. (2002) 97 Cal.App.4th 1114, 118 Cal.Rptr.2d 873 applies to the sibling exception to termination of parental rights.

FACTUAL AND PROCEDURAL SUMMARY

Mother has five children. In descending order of age, they are Unesha L.; Jamesha T.; Jesse T.; Earl L.; and Earllia L. Jamesha T. and Jesse T. share the same father. Earl L. and Earllia L. also share the same father.