San Diego County Health & Human Services Agency v. Sonia P.

Opinion

WORK, J. Sonia P. (Mother) appeals the juvenile court’s order placing her son Frank L. with his paternal aunt (Aunt) in North Carolina because separating Frank from his siblings was not in his best interests. Mother also contends Frank received ineffective assistance of counsel because attorney represented him as well as two of his siblings. Because Mother has no standing to raise either issue, we affirm the order.

Factual and Procedural Background

A January 1998 dependency petition alleges Mother was incarcerated,1 there was no other adult2 available to care for Frank, and his father’s whereabouts were unknown. A true finding was made on the petition in July.

[702]Frank’s two siblings, C. and Joseph, live in San Diego. C. was diagnosed with oppositional defiant disorder and dysthymic disorder, early onset. Joseph also had a depressive disorder and had been living in a licensed group home since March 1995 due to his need for a secure, structured, therapeutic setting.

The social worker located father shortly before the 12-month review hearing. Father was unable to provide a home for Frank, but asked if he could be placed with father’s sister (Aunt), a licensed foster care parent in North Carolina. Aunt, who had not seen Frank since he was one year old, was willing to take Frank and become his guardian, and was willing to take C. if her other foster care child was removed from her home. Mother was opposed to Frank going to North Carolina, but stated that Aunt is a “nice lady with a very nice home.”

At the 12-month hearing, the court found clear and convincing evidence that there was a compelling reason that Frank was not a proper subject of adoption and had no one willing to accept legal guardianship. Accordingly, the court set the permanent plan for long-term foster care and set a postpermanency review hearing. Mother did not seek review of this determination.

In August, Aunt’s home was approved as an acceptable placement. Aunt and her husband were committed to providing a stable home for Frank and believed it was important for the family to stay together. They wanted to be foster parents because they could not have children of their own.

At the postpermanency hearing, Joseph testified he did not want Frank to move, to North Carolina because they would not be able to see each other. C. testified she did not want Frank to move because she would miss him. Frank testified it was a “good idea” for him to live with Aunt. Although he would be a “little sad” about leaving his siblings, he would rather live with Aunt than stay with C.