Humboldt County Department of Social Services v. James B.

Opinion

HANING, J. James “Terry” B. appeals a July 26, 1995, order terminating his parental rights to his sons Aaron, bom September 23, 1987, and Dustin, bom November 24, 1989. (Welf. & Inst. Code,2 § 366.26.) He contends the court failed to consider the less detrimental alternatives of long-term foster care and guardianship, that there is insufficient evidence that the minors are adoptable, and that the adoption assessment report was inadequate. The mother’s parental rights were also terminated, but she does not appeal. We affirm.

Background

In October 1993 petitions were filed under section 300, subdivision (b) for failure to protect. In June 1995 this court denied appellant’s writ petition [845]seeking review of the trial court’s order at the 12-month review hearing terminating reunification services and setting a permanency planning hearing pursuant to section 366.26, after determining the court’s findings were supported by substantial evidence. (James B. v. Superior Court (1995) 35 Cal.App.4th 1014, 1016, 1021 [41 Cal.Rptr.2d 762].) The decision expressly barred appellant “from making further challenges to the order terminating reunification services and setting a hearing under section 366.26.” (Id. at p. 1021.)

In early March 1995, appellant filed a petition seeking the appointment of his stepdaughter as guardian of the minors. In late March respondent opposed the petition on the grounds that a hearing had been set to develop a permanent plan, that guardianship should not be considered until a determination was made about the adoptability of the children, and that guardianship was one of the options for the permanent plan. Social worker Leslie Cooper’s declaration submitted with the opposition stated that when she went to the stepdaughter’s home to attempt a home study, the stepdaughter refused to let her in, stating she was not prepared and the house was a mess. Cooper observed four adults and three babies on the porch. All the adults, with the exception of the stepdaughter, appeared to be under the influence, and the babies were dirty.

Appellant failed to appear at the April 1995 hearing on the guardianship petition, but he was represented by counsel. The hearing on the petition was combined with the section 366.26 hearing. Appellant failed to appear at the June 1995 section 366.26 hearing, but was again represented by counsel.