Yuba County Department of Social Services v. Paul H.

[50]Opinion

RAYE, J. Paul H., the father of Tammy and Kathyann, appeals from orders of the juvenile court terminating his parental rights and finding it likely the minors would be adopted. (Welf. & Inst. Code, §§ 366.26, 395; further statutory references to sections of an undesignated code are to this code.) Appellant contends that in terminating his parental rights the court denied him due process by relying on a finding based on a preponderance of the evidence rather than clear and convincing evidence. Appellant also claims the reunification services provided to him were inadequate, and that he was denied due process by the failure of the juvenile court to consider the adequacy of those services at a continued 12-month review hearing. Finding the first claim lacking merit and the remaining claims not cognizable in this appeal, we affirm the orders.

Factual and Procedural Background

On July 13, 1990, petitions filed pursuant to section 300, subdivision (d) alleged appellant sexually molested 11-year-old Tammy and 9-year-old Kathyann. After the juvenile court sustained the petitions as amended, the minors were adjudged dependent children and the court ordered reunification services for appellant. Thereafter, following a six-month review hearing, the court found appellant had been offered reasonable services, with which he had not complied.

At the 12-month review hearing, the juvenile court found by a preponderance of the evidence that return of the minors to appellant would create a substantial risk of detriment to them, pursuant to section 366.21, subdivision (f). The court also found appellant had failed to comply with reasonable reunification services, terminated reunification services, and scheduled a hearing pursuant to section 366.26. Following the section 366.26 hearing, the court found adoption of the minors likely by clear and convincing evidence and terminated appellant’s parental rights.

Discussion

I*

II

Claiming he was assigned an inappropriately chosen therapist and subjected to a delay of nearly two months before reunification services were [51]