In Re Devin M.

58 Cal.App.4th 1538 (1997) In re DEVIN M., a Person Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Petitioner and Respondent,

v.

INEZ M., Objector and Appellant.

Docket No. B111472. Court of Appeals of California, Second District, Division Two.

October 8, 1997. [1539] COUNSEL

Jesse F. Rodriguez, under appointment by the Court of Appeal, for Objector and Appellant.

De Witt W. Clinton, County Counsel, Auxiliary Legal Services, Holly Bryan and Jill Regal for Petitioner and Respondent.

OPINION

NOTT, J.

Appellant Inez M. appeals from a judgment terminating her parental rights on the ground that the order results in the severance of her child's relationship with a foster family. We hold that she has no standing to raise that issue. Our decision extends the recent line of cases holding that a parent does not have standing to challenge the termination of parental rights based on the minor's relationship with siblings or grandparents.

CONTENTION

Appellant contends that "literal application of [Welfare and Institutions Code] section 366.26, subdivision (c)(1)(D) — under the circumstances of this case — defeated the paramount purpose of protecting the minor's best interests, (parens patriae) violating his fundamental constitutional right to continue to be a part of the only family he has known."

FACTS AND PROCEDURAL BACKGROUND

On December 6, 1994, the department of children and family services filed a petition in the Los Angeles County Juvenile Dependency Court alleging that the minor, Devin M., was born with a positive toxicology screen for cocaine. Among other things, the petition alleged that the minor's mother was a frequent user of cocaine, which rendered her incapable of providing regular care for the minor. Additionally, the father was incarcerated and could not arrange for care of the minor.