L.A. Cty. Dep't of Children & Fam. Servs. v. Inez M.

Opinion

NOTT, J. Appellant Inez M. appeals from a judgment terminating her parental rights on the ground that the order results in the severance of her child’s relationship with a foster family. We hold that she has no standing to raise that issue. Our decision extends the recent line of cases holding that a parent does not have standing to challenge the termination of parental rights based on the minor’s relationship with siblings or grandparents.

Contention

Appellant contends that “literal application of [Welfare and Institutions Code] section 366.26, subdivision (c)(1)(D)—under the circumstances of this case—defeated the paramount purpose of protecting the minor’s best interests, (parens patriae) violating his fundamental constitutional right to continue to be a part of the only family he has known.”

Facts and Procedural Background

On December 6, 1994, the department of children and family services filed a petition in the Los Angeles County Juvenile Dependency Court alleging that the minor, Devin M., was bom with a positive toxicology screen for cocaine. Among other things, the petition alleged that the minor’s mother was a frequent user of cocaine, which rendered her incapable of providing regular care for the minor. Additionally, the father was incarcerated and could not arrange for care of the minor.

On December 7, 1994, the court held a detention hearing, at which appellant did not appear. The court found a prima facie case for detaining Devin in shelter care.

Appellant did not appear at the dispositional hearing of February 2, 1995, nor at any of the subsequent hearings, including the Welfare and Institutions [1540]Code1 section 366.22 permanency planning hearing held on July 18,1996, at which reunification services were terminated.

Appellant appeared at the contested section 366.26 hearing held on December 30, 1996. The court found by clear and convincing evidence that it was likely that the minor, Devin, would be adopted, and identified adoption as the permanent plan. The court did not terminate parental rights at that time. The department of children and family services (DCFS) was ordered to identify an adoptive family within 90 days.

A March 28,1997, review report from the DCFS adoptions division stated that two applicant couples had been identified, and they were in the process of completing their home study. The report indicated that Devin was extremely happy with his fourth set of foster parents, and that he had bonded to them. The report stated that although Devin’s current caregivers were especially attached to him, they refused to go through the adoption process. The foster mother said that on two previous occasions, they had requested to adopt two children, and had been informed that their chances of adoption were good. However, the children were reunified with the natural mother and the grandmother. The foster mother was traumatized by the experience of giving the children up, and could not go through that again, unless she had a guarantee that she would be the adoptive parent.