In Re Anthony P.
TURNER, P.J. —
I. INTRODUCTION
Appellant, Rhonda P., appeals from a juvenile court order terminating her parental rights to the minor, Anthony P., pursuant to Welfare and Institutions
II. BACKGROUND
The minor was born on September 2, 1989, to appellant and Allen H., who is not a party to this appeal. On May 16, 1990, the department of children‘s services (department) filed a section 300 petition on behalf of the minor, who was approximately eight months old. It alleged on or about May 15, 1990, appellant went to a bar to consume alcohol, leaving the minor at her home without adequate supervision surrounded by empty beer bottles. Further, it was alleged she had a history of alcohol use which rendered her unable to properly provide care for the minor. The court sustained the petition on September 13, 1990, declared the minor to be a dependent ward of the court, and placed him in foster care. On October 24, 1990, the court ordered reunification services for appellant consisting of: monitored visits; a bus pass; parenting, drug and alcohol counseling; drug testing; and individual counseling.
On April 24, 1991, and October 23, 1991, six-month and twelve-month reviews were held and the juvenile court continued the reunification services plan. On November 14, 1991, at the 18-month judicial review hearing, the juvenile court found: appellant did not comply with the case plan; there was no substantial probability that the minor would be returned to her custody in 6 months; and the minor was not adoptable. The court: terminated reunification services; ordered a permanent plan of long-term foster care; ordered appellant to participate in department approved counseling; and granted appellant weekend and overnight visitation. On approximately February 1, 1992, appellant had another child, Cody P., and moved in with her mother in a senior citizen housing project. Appellant continued to have overnight visitation with Anthony P. Sometime later, appellant moved out of her mother‘s home. On May 14, 1992, November 12, 1992, December 14, 1992, and June 14, 1993, the juvenile court reviewed and continued in full force and effect the permanent plan and permanent placement order.
On December 13, 1993, the court scheduled a section 366.26 hearing, which was continued several times, to determine a new permanent plan. May
In September 1994, the minor‘s original foster family thought he was too disruptive in their home, decided not to adopt him, and asked to have him removed. On August 29, 1994, the minor met his new foster parents. By September 12, 1994, he was placed in their home on what was referred to as a “fost-adopt” basis which meant they were planning to adopt him. The minor‘s new foster family was “open” to taking custody of Cody P. On February 16, 1995, Cody P. was made a dependent ward of the court.
On March 22, 1995, the section 366.26 hearing concerning permanent placement services occurred. Appellant, who was present, and the minor, who was not present, were represented by separate counsel. At that time, the minor was five and one-half years old, had been with new foster family for six months, and had not been visited or contacted by appellant for ten months. Appellant‘s counsel objected to the minor not being present at the hearing and the fact that his “feelings were not expressed in the report as to his relationship with this mother.” Counsel for department stated that the social worker was present to testify with regard to anything that was not explicitly written in the report. After a discussion off the record, the court stated: “All right. Counsel, it‘s my understanding that mother‘s attorney is not asking that the minor be brought in but wants an opportunity to cross-examine the worker regarding any interview that the worker‘s had with the minor; is that correct?” Appellant‘s counsel responded: “Yes, that is. [¶] ... [¶] Your honor, I would say for the mother, the mother had wanted the minor to be brought in today so that he could be questioned because she does not want the minor to think that she is deserting him. Because after this hearing, she‘s afraid she will never have any contact with him.” Appellant‘s counsel then stated: “But what we did ask, if minor‘s counsel could have had a chance to interview him in lieu of minor being brought into court today, and I do not think that has happened.” The trial court then stated: “All right. Counsel, I have to state for the record that this case has been set for a .26 hearing since, as I indicated, 4/11/94. [¶] All counsel were aware that the case was to be here today. These requests apparently were not made before right now and it‘s five minutes to 2:00. No one indicated to Mr. Roth that [the minor] should be brought in. No one indicated to the worker or to the court that [the minor] should be here today. [¶] Now, Mr. Roth is looking through the code sections to see if there‘s a requirement. The court has looked. [¶] I don‘t see that there‘s a requirement that a minor five years has
At the hearing, the social worker testified: before the minor moved into his new foster home, he had behavioral problems including acting out at school, bedwetting, engaging in rivalries with his foster siblings, and throwing temper tantrums in public; since moving into his new foster home, the minor‘s behavior improved dramatically in each problem area; and the minor felt very comfortable with the new environment. The social worker was of the opinion that the minor indicated in many ways a desire to remain with the new foster family. The social worker stated he did not directly speak with the minor about the concept of adoption. However, the social worker did discuss the concepts of temporary versus “forever” homes. When asked about staying in the new foster home “forever,” the minor stated he liked the family. The minor referred to the foster parents as “mommy” and “daddy.” The minor knew appellant was one of his “mommies.” Further, the minor knew that appellant had been the mother who had given birth to him. Moreover, the minor only asked about appellant once or twice after she stopped visiting him. Further, the social worker stated that the minor was unaware of the existence of his brother, Cody P.
Appellant testified: she had been told by the social worker not to visit the minor; she did not know the minor‘s whereabouts; she said that one of the social workers was doing everything possible to keep her from gaining custody of the minor; the minor would run and greet her when she visited; Cody P. knew he had a brother; she did not want the minor to be adopted;
The court terminated appellant‘s parental rights and found by clear and convincing evidence: the minor did not have a relationship with appellant because she did not exercise regular visitation with or contact him; the minor would not benefit from a continuing relationship with appellant; adoption would be in the minor‘s best interest; the termination of parental rights is not detrimental to the minor; and the department made reasonable efforts beyond 18 months to secure reunification. The court then specifically asked both counsel if there was “any other that your [sic] requesting ...” and they responded negatively. The court then gave appellant additional time to speak and she stated, in pertinent part: “I know but [Cody P.] wants his brother home too. [¶] ... [¶] Cody [P.] knows his brother [the minor] He wants him home too. He asked me about [him]. I have the pictures right here. I carry them with me all the time.”
III. DISCUSSION
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(1) Appellant‘s contention that reversal is required because the court failed to provide for “ongoing and frequent” visitation with Cody P. in the permanent plan pursuant to
IV. DISPOSITION
The parental rights termination order is affirmed.
Grignon, J., and Armstrong, J., concurred.