In Re Sb

72 Cal.Rptr.3d 352 (2008) 160 Cal.App.4th 21 In re S.B. et al., Persons Coming Under the Juvenile Court Law.

Lassen County Department of Health and Human Services, Plaintiff and Respondent,

v.

Sharyl S., Defendant and Appellant.

No. C055838. Court of Appeal of California, Third District.

February 15, 2008. Gino de Solenni for Defendant and Appellant.

R. Craig Settlemire for Plaintiff and Respondent.

DAVIS, Acting P.J.

Sharyl S. (appellant), the mother of S.B. and D.B. (the minors), appeals from the juvenile court's orders continuing the selection and implementation hearing as to each minor for 180 days to permit the Lassen County Department of Health and Human Services (DHHS) additional time to attempt to locate an adoptive family for the minors. (Well & Inst.Code, § 366.26, subd. (b)(3) [former subd. (b)(2)], subd. (c)(3).)[1] Appellant contends the evidence is insufficient to support the court's finding that the minors had a probability for adoption.

Concluding that the juvenile court's probability for adoption finding is interim only and therefore not appealable, we dismiss the appeal.

FACTS AND PROCEDURAL HISTORY

In June 2005, the juvenile court assumed jurisdiction over the minors based on a finding that the minors had been sexually abused by a cousin, and that appellant had failed to protect them from such abuse. Thereafter, the juvenile court adjudged the minors dependent children and ordered them removed from parental custody. The court also ordered DHHS to provide appellant with reunification services.

DHHS recommended adoption as the permanent plan for each of the minors, who were placed in separate foster homes. However, the State Department of Social Services (DSS) recommended that the juvenile court, without terminating parental [353] rights, order a permanent plan of adoption and also order DHHS to make additional efforts to locate an adoptive family for 180 days, at which time a hearing should be conducted on the matter. According to DSS, the minors were "difficult to place because of their ages, adverse parental backgrounds and various moves in foster care."