Los Angeles County Department of Children & Family Services v. Gale G.

[211]Opinion

EPSTEIN, J. Gale G. (mother) appeals the termination of her parental rights. She argues that legal guardianship was the appropriate permanent plan because her daughter, Jasmine, was placed with a relátive who could provide a stable home as a legal guardian. We conclude the trial court appropriately ordered adoption and affirm the judgment.

Factual and Procedural Summary

Jasmine was bom on October 31, 1994.1 In July 1997, Jasmine’s paternal grandmother, Linda W., took custody of Jasmine after finding her alone at mother’s apartment. Linda W. contacted the Los Angeles County Department of Children and Family Services (DCFS) two weeks later. Linda W. retained custody of Jasmine and was granted de facto parental status.

DCFS filed a petition under Welfare and Institutions Code section 300 alleging that mother left Jasmine alone in her apartment without making provisions for Jasmine’s care.2 It also alleged that (1) mother failed to provide Jasmine with the basic necessities of life, thereby endangering Jasmine’s well being; (2) mother had a long history of alcohol abuse; (3) mother’s residence was in a dirty condition with piled-up dishes, clothes on the floor, and a limited food supply; and (4) Jasmine’s sister was in the dependency system and mother failed to reunify with her. The court found a prima facie case for detaining Jasmine under section 300, subdivisions (b), (g), and (j), and later sustained the petition on those counts.

In December 1997, the court found that mother had an extensive history of alcohol abuse. It denied reunification services under section 361.5, subdivision (c).3

A social worker report prepared on July 14, 1998, recommended that parental rights be terminated. Mother had not called or visited Jasmine since June 8, 1998. Linda W. had begun, but had not completed, the clearance process for adoption. Linda W. was eager to adopt Jasmine and the home [212]study was likely to be approved in the next few months. The report indicated that Jasmine’s relationship with Linda W. was “strong, positive, full of love, and characteristic of a parent child relationship. Jasmine calls Ms. [W.] ‘Mom.’ Jasmine is growing up in a home that meets all of her needs and provides her with the love, security, support and structure she needs. Jasmine is considered happy and well adjusted in this home. Adoption by Ms. [W.] is considered to be in Jasmine’s best interest. Ms. [W.] wants to adopt Jasmine to provide her with the stability she needs. Ms. [W.j loves Jasmine a great deal.”