In re A.P. CA4/3

California Court of Appeal Aug 6, 2021 No. G059858Unpublished

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Holding. A parent whose parental rights have been terminated lacks standing to appeal a juvenile court's failure to order postadoption sibling visitation, as such visitation concerns the rights of the children rather than the parent.

Issues

Does a parent have standing to challenge the lack of postadoption sibling visitation after their parental rights have been terminated?
Can a parent raise an ineffective assistance of counsel claim on behalf of their children regarding sibling visitation?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Mother does not have standing to challenge the lack of postadoption sibling visitation.”

“Postadoption sibling visits are a concern of the children, not of a parent whose rights have been terminated.”

“Once parental rights are terminated, the parent has no more legally cognizable interest in the proceeding or in the children’s visitation plans than would a stranger.”

Filed 8/6/21 In re A.P. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re A.P. et al., Persons Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G059858 Plaintiff and Respondent, (Super. Ct. No. 19DP0076, v. 19DP0077)

A.F., OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Robert Gerard, Judge. Affirmed. Rich Pfeiffer, under appointment by the Court of Appeal, for Defendant and Appellant.

Leon J. Page, County Counsel, Karen L. Christensen and Aurelio Torre, Deputy County Counsel, for Plaintiff and Respondent. * * * A.F. (Mother) appeals from an order terminating her parental rights over her two-year-old twins, A.P. and E.P., under Welfare and Institutions Code 1 section 366.26. She contends the juvenile court erred in failing to order postadoption visitation between the twins and their older brother Eric, who was previously adopted by a different family. We conclude Mother lacks standing to assert these claims and therefore affirm the court’s order.

FACTS Although the record is voluminous, the issues on appeal are narrow. We limit our background discussion accordingly. When Mother gave birth to A.P. and E.P. in January 2019, a hospital hold was placed on them due to risk factors apparent from ongoing dependency proceedings concerning their older brother, Eric P., who at the time was seven years old. Eric had been removed from Mother’s custody in mid-2017 after Mother (1) was arrested for shoplifting while caring for him; (2) had marijuana and methamphetamine in her possession; (3) appeared under the influence of drugs; and (4) exhibited bizarre behavior and thoughts. When they were one week old, the twins were detained and removed from parental custody and placed in a foster home. The juvenile court sustained an amended jurisdictional petition as to the twins based on Mother’s substance abuse problems, mental health issues, criminal history, and Eric’s ongoing dependency proceedings. The

In re A.P. CA4/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

A.F., OPINION

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