Sacramento County Department of Health & Human Services v. Sonya C.

Opinion

BUTZ, J. The mother, Sonya C. (mother), appeals the juvenile court’s order terminating her parental rights to T.C. Mother contends that because the permanent plans for two-year-old T.C. and her almost 13-year-old half sister, R.B., were different, an actual conflict arose for the minor’s counsel and the trial court prejudicially erred in not recognizing this conflict and appointing separate counsel. We shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The minor T.C., then two months old, and her half sister R.B., then 11 years old, were detained in December 2008 due to mother’s ongoing drug use and untreated mental health problems. They were placed together in a foster home and, a few days later, moved together to live with a nonrelated extended family member. In March 2009, T.C. was declared a dependent based on mother’s mental health problems, drug use, and domestic violence between mother and T.C.’s father. R.B. was declared a dependent on the same basis in June 2009. Reunification services were ordered.

Throughout the proceedings, R.B. and T.C. continued to live together. R.B. was adjusting well and T.C. was “doing great.” It appeared that R.B. had taken a caretaking role with T.C. and was very protective of her. The foster parents supported reunification with mother, but were also willing to provide the children with a permanent placement.

Mother struggled with reunification services and ultimately her efforts at reunification were unsuccessful. She repeatedly tested positive for drugs, continued to be involved in incidents of domestic violence with T.C.’s father, and appeared either unable or unwilling to separate from him. Reunification services were terminated in December 2009.

The children were placed together and had an obviously close relationship with each other. During visits with mother, T.C. preferred being held by R.B. and would cry if taken from her. It was difficult for R.B. to see T.C. upset.

[1390]R.B. was conflicted about the prospect of reunifying with her mother. She had difficulty deciding whether she wanted to return to her mother’s care and custody. She was frustrated by mother’s inability to complete services and allow the family to reunify. While she wanted to reunify with mother, she also enjoyed her current placement and wanted to continue to live there in a permanent and stable placement.