Silva v. Carolyn D.

Opinion

BRAUER, J. Carolyn D., mother of the minor, appeals from a postpermanency planning order continuing the minor’s placement in a foster-adoptive home. The mother contends that the trial court erred in not placing the minor with the mother’s aunt, who was already caring for the mother’s other child (the minor’s half-sister, also a dependent of the court). We conclude that the trial court was under no duty to accord the mother’s aunt preferential consideration as a “relative.” The continued placement with the foster parents was a result of the mother’s and her aunt’s own failure to object to placement decisions until the child had bonded to her foster family. We find no error and affirm.

Baby Girl D. was born on December 11, 1985, severely addicted to heroin. She was taken into protective custody the following day and a petition was filed on December 16, 1985, under section 300, subdivision (a) of the Welfare and Institutions Code.1 On January 3, 1986, she was declared a dependent of the court and reunification services were ordered for the mother, particularly drug counseling. On March 9, 1986, the minor was transferred from an emergency “satellite” home to her present foster-adoptive home.

At the permanency planning hearing on May 1, 1987, the juvenile court directed county counsel to initiate an action under Civil Code section 232 to declare the minor permanently free from the custody and control of her parents. The court’s order was based on findings that the mother had failed to comply with reunification requirements. It was at this hearing that the Hargroves, the minor’s maternal great-aunt and uncle, first appeared and formally requested that the minor be placed with them. The juvenile court ordered the Department of Social Services (DSS) to evaluate the Hargroves’ home for possible placement and continued the hearing until the following June. On May 27, 1987, the Hargroves submitted a request for relative home placement and the social worker evaluated their home. The social worker’s ensuing report found that the Hargroves’ home was a suitable [1493]environment for the minor, but recommended against moving her there, primarily because the child had bonded with her foster parents.

On August 14, 1987, the Hargroves moved unsuccessfully to intervene, requesting party status. Their motion for reconsideration was also denied on January 5, 1988, Meanwhile, resolution of the placement issue was repeatedly postponed until it was finally decided on January 20, 1988. The court ordered that the minor remain in her foster-adoptive home and that the previous order authorizing commencement of termination proceedings remain in effect. This appeal followed.