Orange County Social Services Agency v. Tina C.

Opinion

O’LEARY, Acting P. J . Tina C. appeals from an order continuing the permanency hearing (Welf. & Inst. Code, § 366.26)1 for 180 days to allow additional time to find adoptive parents for her sons, six-year-old Cody and four-year-old Justin. She contends there is insufficient evidence to support the finding the boys had a probability for adoption. We agree with the Orange County Social Services Agency (SSA) that the finding is only interim and thus not appealable. Because this appeal is premature, we dismiss.

FACTS

Little needs to be said regarding the facts of this dependency proceeding; they are set forth adequately in our prior unpublished opinion in which we affirmed the order made at the 12-month review hearing terminating services and scheduling a permanency hearing. (Tina C. v. Superior Court (Nov. 13, 2003, G032796) [nonpub. opn.].) Suffice it to say, the boys (and their two teenage sisters who are not subjects of this appeal) were declared dependent children due to Tina’s chronic drug use and her inability to provide a safe and sanitary home.

The boys had been placed together with a foster mother who had wanted to adopt them. But the boys had increasingly severe behavioral problems (including attachment disorder, defiance, aggressiveness, and sleep disorders), and the foster mother ultimately (for other personal reasons) decided she could not adopt them. On December 18, 2003, SSA reported that although the boys were “adorable,” their behavior problems made them “unadoptable at this point in time.” Subsequently, a neurological assessment was conducted on Justin and it was determined his problems were definitely behavioral. The evaluator believed the weekly family visits Justin had with his mother and sisters were a contributing factor to his maladjustment and recommended [1300]visits cease. On January 29, 2004, SSA again reported the boys were not currently adoptable, but with intense treatment they likely would be adoptable in the future. On February 6, the boys were moved to Orangewood Children’s Home due to their behavioral problems, which continued to worsen after family visits. SSA’s plan was to stabilize the boys’ behavior before attempting to place them in another adoptive home. They were moved to a group home.

At the permanency hearing on March 30, SSA reported a new prospective adoptive home had been found and preplacement would begin in April. The boys’ psychologist reported they were no longer exhibiting the severe behavioral problems that had previously been reported. Many of Justin’s problems had almost completely disappeared. The boys’ weekly visits with Tina had been curtailed. Both boys went to twice-weekly behavior coaching. They each had their good days and bad days, but their “tantrums” were largely considered normal for a group home setting.