In re Y.M. CA1/1

Filed 5/17/16 In re Y.M. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Y.M., a Person Coming Under the Juvenile Court Law.

SAN FRANCISCO HUMAN SERVICES AGENCY, Petitioner and Respondent, A146986 v. (San Francisco County J.M., et al., Super. Ct. No. JD133043A) Objectors and Appellants.

J.M. (father) and M.M. (mother) appeal from the juvenile court’s order terminating their parental rights over their twelve-year-old son, Y.M.1 They contend that their parental rights were wrongly terminated because the termination will substantially interfere with Y.M.’s relationships with his siblings, and Y.M.’s interest in continuing those relationships outweighs the benefits he will receive from adoption.2 We disagree and therefore affirm the judgment.

1 Instead of filing her own opening brief, mother joined father’s opening brief. 2 See Welfare and Institutions Code section 366.26, subdivision (c)(1)(B)(v). Further undesignated statutory references are to the Welfare and Institutions Code.

1

BACKGROUND On January 29, 2015, at the conclusion of a contested 12-month status-review hearing, the juvenile court terminated reunification services to parents and set the matter for a section 366.26 selection-and-implementation hearing.3 In advance of that hearing, San Francisco Human Services Agency (Agency) filed a report recommending a permanent plan of legal guardianship for Y.M. by his caregivers, Rod R. and D.R. The report favorably described the care the R.’s were providing Y.M. It reported that D.R is a special education teacher who works daily with Y.M. on homework, socialization, and self-esteem. It noted that Y.M. is in school taking classes in English, Math, Science, Social Studies, and Physical Education, and he is receiving grades of A’s and B’s. According to the report, Y.M. adjusted well in school, joined the school choir, and is making many friends. The report stated that Y.M. does not want to see his mother, and his therapist attributed better behavior by Y.M. because he knows he does not have to visit his mother. Y.M.’s therapeutic visits with father and the younger siblings occurred through January 2015, but they were discontinued after father suffered a stroke. The Agency attempted to resume the visitation, but the family failed to answer the door or return phone calls. The report confirmed that Y.M. has been with the R.s for over a year. The R.s are financially stable, have two daughters who are 23 and 14 years old living at home, and have expressed their love for Y.M. and consider him to be part of their family. The report indicated that the R.s want guardianship of Y.M. to provide him with a stable, permanent home and to give him the opportunity to have a bright future. In an addendum report filed in July 2015, the Agency changed the recommended permanent plan from legal guardianship to adoption. In doing so, the report stated that the R.s have “remained steadfast” in their decision to provide permanency for Y.M. and