Merced County Department of Human Services v. Josephine G.

Opinion

VARTABEDIAN, J. Josephine G. appeals from the order terminating her parental rights and ordering a permanent plan of adoption for her son, Juan H.1 Josephine claims the evidence was insufficient to support a finding that Juan was likely to be adopted. Juan raises the same issue and additionally argues it would be detrimental to terminate his visitation with his mother, the court failed to consider his wishes regarding termination, and the juvenile court erred in not appointing counsel to represent him. The only issue we discuss in the published portion of our opinion is consideration of the child’s wishes. We affirm.

[171]Facts and Proceedings

Juan was bom to Josephine on December 8, 1987. In July of 1989, Juan was declared a dependent child of the court because Josephine had left him with an unwilling caretaker and had failed to provide him with food or clothing. (Welf. & Inst. Code, § 300, subds. (b) and (g).) Reunification services were ordered, and Juan was placed in an out-of-home placement. Josephine’s underlying problem was abuse of alcohol.

Josephine partially complied with the service plan agreement and maintained visitation with Juan. The visits were appropriate, and Juan and Josephine had a strong bond. Because of Josephine’s progress, Juan was returned to her custody in July of 1990. The court ordered family maintenance services be provided.

On September 11, 1990, Juan was detained after a supplemental petition was filed alleging that Josephine failed to protect Juan and failed to provide for his care and support. (Welf. & Inst. Code, § 300, subds. (b) and (g).) This supplemental petition arose because Josephine called social services and reported that her eight-year-old daughter had been sexually molested.2 She threatened to beat the daughter. Police officers were called and arrested Josephine based on outstanding warrants. Juan was placed in a suitable home placement, and reunification services were ordered.

On January 3, 1991, the court ordered the Merced County Human Services Agency (the Agency) to initiate termination proceedings pursuant to Welfare and Institutions Code section 366.26. Thereafter, Josephine entered a residential alcohol treatment program and was making progress.

In May of 1991 the court found Josephine had a change of circumstances because of successful steps she had taken in her residential treatment program. (Welf. & Inst. Code, § 388.) The juvenile court ordered the dependency to continue and ordered six more months of reunification services. However, Josephine left the program in June or July of 1991 and resumed the consumption of alcohol.