Los Angeles County Department of Children & Family Services v. Rhonda P.

Opinion

EPSTEIN, Acting P. J. In this appeal, mother Rhonda P. challenges the juvenile court order terminating her parental rights. Her sole contention on appeal is that the court was not provided with adequate information and hence was unable to consider the minor’s wishes regarding placement. We conclude that the department of children and family services (DCFS) provided sufficient information and affirm the order.

Factual and Procedural Summary

Appellant is the mother of Cody S., bom February 1, 1992. When Cody was two years old, he witnessed his father’s murder. On February 16, 1995, Cody was declared a dependent child (Welf. & Inst. Code, § 300, subds. (b) and (j); all undesignated statutory references are to this code) based on sustained allegations that his home was in a filthy and unsanitary condition, and that his brother was a dependent child suitably placed in foster care. Appellant was ordered to participate in parenting and grief counseling, and conjoint counseling with Cody.

[232]At the six-month judicial review, the court continued jurisdiction over Cody, and continued the reunification services plan. At the 12-month judicial review, the court continued jurisdiction, terminated reunification services, and set the matter for a hearing pursuant to section 366.26.

Appellant challenged this order by writ petition, whifch was ultimately denied. (In re Cody S. (May 10, 1996) B099366 [nonpub. opn.].) Appellant also sought a change of order pursuant to section 388. That petition was denied on May 16, 1996.

At the section 366.26 hearing on September 9, 1996, the court terminated parental rights. This is an appeal from that order.

Discussion

Appellant claims the order terminating parental rights must be reversed because DCFS failed to provide the court with information regarding Cody’s wishes as required under section 366.21, subdivision (i)(5) (hereafter section 366.21(i)(5)), thereby precluding the court from giving adequate consideration to Cody’s wishes. Section 366.21 (i)(5) requires preparation of an adoption assessment prior to a section 366.26 hearing, which “shall include” information addressing “The relationship of the minor to any identified prospective adoptive parent or guardian, the duration and character of the relationship, the motivation for seeking adoption or guardianship, and a statement from the minor concerning placement and the adoption or guardianship, unless the minor’s age or physical, emotion, or other condition precludes his or her meaningful response, and if so, a description of the condition." (§ 366.21 (i)(5), italics added.)