San Diego County Health & Human Services Agency v. Diana G.

Opinion

HUFFMAN, Acting P. J. Diana G., the mother of Salvador M., appeals the judgment terminating her parental rights pursuant to Welfare and Institutions Code section 366.26.1 Diana contends the juvenile court erred by making inconsistent findings and failing to apply the sibling relationship exception to adoption (§ 366.26, subd. (c)(1)(E)).

FACTUAL AND PROCEDURAL BACKGROUND

In May 2003, Diana gave birth to Salvador, her third child. Diana subsequently told hospital staff that she had used methamphetamine four days before the baby’s birth. Although the baby tested negative for the presence of drugs in his system, a hospital hold was placed on him.

On May 20, 2003, the San Diego County Health and Human Services Agency (Agency) filed a dependency petition on behalf of Salvador, alleging [1418]he was in need of the protection of the juvenile court because of the drag use of both his parents and his father’s failure to protect. (§ 300, subd. (b).)2

On June 9, 2003, Diana submitted on the petition, and the juvenile court sustained the petition. The court declared Salvador a dependent of the court and placed him with the maternal grandmother, who was the legal guardian of Diana’s son, Joseph G., who was five and one-half years older than Salvador. The court ordered Diana to participate in the Substance Abuse Recovery Management System (SARMS), undergo individual counseling and complete parenting classes.

Initially, Diana’s participation in SARMS was poor; she had 13 instances of noncompliance by early October 2003, when she stopped using drags and started services. It was reported that Salvador was happy living with his grandmother and his brother Joseph. Salvador also had regular contact with another brother, Raymond H., who was seven and one-half years older than Salvador and lived with his father.

On December 9, 2003, the court ordered six more months of services.

During the next six months, Diana was in compliance with SARMS and making progress in her individual therapy.

On June 10, 2004, the court ordered six more months of services. On July 23, Salvador was returned to Diana on a 60-day trial visit. However, on August 2, Diana tested positive for methamphetamine. Agency terminated the 60-day visit and placed Salvador back in the care of the maternal grandmother. After the 60-day visit was terminated, Diana’s whereabouts became unknown.