Sutter County Department of Human Services v. Michele B.

Opinion

CALLAHAN, J. Michele B., mother of the children Caitlin and Ryan, appeals from orders of the juvenile court terminating her parental rights and freeing the children for adoption (Welf. & Inst. Code, § 366.26; further undesignated section references are to this code). Appellant contends the [1192]court erred in terminating her parental rights because Ryan’s alleged fathers were not provided notice of the dependency proceedings. Appellant further argues there was insufficient evidence Ryan was likely to be adopted. We affirm the orders of the juvenile court.

Facts

Caitlin and Ryan, now seven and five years old respectively, were removed from appellant’s care in August 1996. Appellant failed to reunify with the children who were placed in long-term foster care in April 1998 because they were too emotionally disturbed to be adoptable. Throughout the reunification period, contact with appellant exacerbated the behavioral problems of both children.

The children were placed in the same foster home until August of 1998 when Ryan’s behavioral problems were beyond the ability of the foster parents to control and he was moved to a new home. Both Ryan and Caitlin did better in separate homes. After the court terminated visitation between Ryan and appellant, his behavioral problems decreased and he adjusted well to his new foster home. In December 1998, the court continued the long-term foster placements and transferred the cases from Yuba to Sutter County.

Both Caitlin’s and Ryan’s foster parents were committed to them but neither were initially willing to adopt the children. Caitlin’s foster parents were interested in a guardianship as they were concerned Caitlin would need ongoing services to deal with her history of abuse and neglect, and Ryan’s foster parents had only intended to act as a short-term placement but had decided to keep him until an adoptive placement could be found. However, over time, both children’s behavioral problems moderated while in foster care. In April 1999, the social worker believed both minors could be assessed as adoptable since their behavior had generally improved. The court set a section 366.26 hearing to determine a permanent plan for the children and ordered the fathers be served by publication.

In August 1999, after meeting with the State Department of Social Services (DSS) adoptions worker, Caitlin’s foster parents changed their minds and decided they would be willing to adopt her. DSS had also identified a potential adoptive placement for Ryan with a family who had known him for some time and had expressed interest in ¿dopting him. Both the social worker and DSS recommended termination of parental rights as to Caitlin and a 180-day extension as to Ryan to assess the prospective adoptive family and to complete notice by publication of Ryan’s father.