Los Angeles County Department of Children & Family Services v. Ette L.

Opinion

ALDRICH, J. Introduction

Ette L. appeals from the order terminating parental rights, contending the trial court erred in failing to order “ongoing and frequent” sibling visitation for the minor, Nachelle S., as part of the permanent plan. We hold Ette does not have standing to raise this contention on appeal. Even were she to have standing, we conclude no error was committed. The statute upon which she relies was not in effect at the time the trial court filed the order terminating her rights. The order appealed from is affirmed.

Factual and Procedural Background

Nachelle S. was bom on June 22, 1992. The mother, Ette was incarcerated when she gave birth to Nachelle and has a 15-year history of drug abuse, [1559]mental and emotional problems, and extremely violent behavior.1 The father’s whereabouts were initially unknown and he has never provided the minor with the necessities of life.2 Days after her birth, proceedings were instituted under Welfare and Institutions Code section 3003 and Nachelle was placed in the foster home of Mr. and Mrs. S. Nachelle is faring well in her foster placement and Mr. and Mrs. S. indicated a willingness to adopt her.

Nachelle has five siblings who, in 1994, were ages 20, 18, 16, 12 and 9. The three eldest siblings, Natasha C., Emmanuel C., and Kiandra C., currently live with Ette. The two other siblings and Nachelle are under the supervision of the juvenile court, and are currently in permanent placements because of their mother’s drug abuse, neglect and inability to parent.

Early on, the social worker for the Los Angeles County Department of Children and Family Services (the Department) investigated the possibility Nachelle could be placed with the same foster family that had been caring for her sibling, Andre, age seven, for two years. However, Andre’s foster mother indicated she was caring for three other foster children ranging in age from six months to eight years, and had no room for Nachelle. Over the course of two years, Nachelle visited with three of her siblings: once with Andre, three times with her eldest sister, Natasha C., and at least five times with her sister Kiandra.

In January 1994, the Department conducted a permanency planning assessment and recommended adoption for Nachelle. The Department recommended, as the result of Ette’s recent release from prison and regular visits with the minor, the court reassess the long-term foster care recommendation in three months. It was further recommended the child be referred for adoption planning if the parents failed to resolve their drug and alcohol problems. At the permanent planning hearing, held on January 12, 1994, the court terminated reunification services, without precluding “informal reunification services,” and scheduled the section 366.26 hearing.