In Re LYL
L.L. appeals a judgment terminating her parental rights to her daughter, L.Y.L., under
In January 1999 the San Diego County Health and Human Services Agency (the Agency) removed four-year-old L.Y. and her younger brother J. R.2 from L.‘s custody and filed
In October 2000 the Agency filed a
At the January 2002
DISCUSSION
I
“Adoption, where possible, is the permanent plan preferred by the Legislature.” (In re Autumn H. (1994) 27 Cal. App.4th 567, 573, 32 Cal.Rptr.2d 535.) If the court finds a minor cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds termination of parental rights would be detrimental to the minor under one of five specified exceptions. (
L. contends substantial evidence does not support the court‘s finding that the
The issue of sufficiency of the evidence in dependency cases is governed by the same rules that apply to other appeals. If there is substantial evidence to support the findings of the juvenile court, we uphold those findings. (In re Brandon C. (1999) 71 Cal.App.4th 1530, 1534, 84 Cal.Rptr.2d 505.) We do not evaluate the credibility of witnesses, reweigh the evidence, or resolve evidentiary conflicts. Rather, we draw all reasonable inferences in support of the findings, consider the record most favorably to the juvenile court‘s order, and affirm the order if supported by substantial evidence even if other evidence supports a contrary conclusion. (In re Autumn H., supra, 27 Cal. App.4th at p. 576, 32 Cal.Rptr.2d 535.) The appellant has the burden of showing
A
The
“There would be substantial interference with a child‘s sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the child‘s best interest, including the child‘s long-term emotional interest, as compared to the benefit of legal permanence through adoption.” (
§ 366.26, subd. (c)(1)(E) .)
1.
The Agency contends a parent does not have standing to assert the
If the court finds the
The Agency argues the
In contrast to the standing approach articulated in the Devin M. opinion, we conclude the proper analysis is contained in the opinion of this court in In re Tabatha G. (1996) 45 Cal.App.4th 1159, 53 Cal. Rptr.2d 93. In Tabatha, the parent opposed termination of parental rights on the ground of the best interests of the minor based on the minor‘s relationship with a grandmother. The Tabatha court did not address the parent‘s standing to make this assertion but rather held that a minor-grandmother relationship was not a basis to deny termination of parental rights; that relationship is not one of the four exceptions listed in
The Agency relies on authorities in which courts have held a parent does not have standing to raise issues that address a child‘s relationship with his or her siblings or other relatives. (See, e.g., In re Frank L., supra, 81 Cal.App.4th at p. 703, 97 Cal.Rptr.2d 88; In re Nachelle S. (1996) 41 Cal.App.4th 1557, 1561, 49 Cal.Rptr.2d 200; In re Gary P. (1995) 40 Cal.App.4th 875, 877, 46 Cal.Rptr.2d 929; In re Daniel D. (1994) 24 Cal.App.4th 1823, 1835-1836, 30 Cal.Rptr.2d 245; In re Daniel H. (2002) 99 Cal.App.4th 804, 121 Cal.Rptr.2d 475.) However, none of those authorities arose in the context of determining whether the parent had standing to address a
The Agency also contends the Legislature did not intend parents to have standing to assert the
The Agency also contends the Legislature did not intend a parent to have standing because on a letter challenging the proposed amendment, there is a handwritten note indicating “no standing.” (Gary C. Seiser, letter to Assembly member Darrell Steinberg re Assem. Bill No. 705 (2001-2002 Reg. Sess.) June 27, 2001.) However, we cannot determine who wrote this note and its meaning is unclear. Because L.‘s parental rights are directly impacted by the court‘s finding the sibling relationship exception did not apply, she has standing to assert the applicability of the
We conclude a parent has standing to assert the
2.
There are no reported cases addressing the standard the court must use to determine whether, under
This language is strikingly similar to this court‘s language in In re Autumn H., supra, 27 Cal.App.4th at p. 575, 32 Cal.Rptr.2d 535, from which we infer the Legislature intended the courts under the
Under
To show a substantial interference with a sibling relationship the parent must show the existence of a significant sibling relationship, the severance of which would be detrimental to the child.5 Many siblings have a relationship with each other, but would not suffer detriment if that relationship ended. If the relationship is not sufficiently significant to cause detriment on termination, there is no substantial interference with that relationship. To determine the significance of the sibling relationship, the court considers the factors set forth in
Moreover, even if a sibling relationship exists that is so strong that its severance would cause the child detriment, the court then weighs the benefit to the child of continuing the sibling relationship against the benefit to the child adoption would provide. If parental rights are terminated here, L.Y. gains a permanent home through adoption. If parental rights are not terminated, she loses the permanent home her foster and prospective adoptive parents are ready to provide for her. As an older child she might not be considered adoptable if the Agency sought to terminate parental rights at a later time. Moreover, L. Y.‘s ability to reunify with L. if placed in guardianship or longterm foster care is remote because L. does not love and does not want custody of her. Valuing L. Y.‘s continuing relationship with J. over adoption would deprive her of the ability to belong to a family, which is not in her best interests. Further, L.Y. understood the court was not placing J. at the same time it placed her and wanted to be adopted even if that ended her relationship with J. The extent of the benefits of continuing L. Y.‘s sibling relationship with J. are unclear on the record in this case. Substantial evidence supports the court‘s conclusion that the benefits of adoption outweighed the benefits of the continuing L. Y.‘s relationship with J., even if it be assumed that termination of parental rights would result in a substantial interference with the sibling relationship.
B
The
We assume L. regularly visited L.Y. and the issue before us is whether the relationship between them was beneficial to the child. We have interpreted the phrase “benefit from continuing the relationship” to refer to a “parent-child” relationship that “promotes the well-being of the child to such a degree as to outweigh the well being the child would gain in a permanent home with new, adoptive parents. In other words, the court balances the strength and quality of the natural parent[-]child relationship in a tenuous placement against the security and the sense of belonging a new family would confer. If severing the natural parent[-]child relationship would deprive the child of a substantial, positive emotional attachment such that the child would be greatly harmed, the preference for adoption is overcome and the natural parent‘s rights are not terminated.” (In re Autumn H., supra, 27 Cal.App.4th at p. 575, 32 Cal. Rptr.2d 535; accord, In re Zachary G. (1999) 77 Cal.App.4th 799, 811, 92 Cal. Rptr.2d 20.)
To meet the burden of proof for the
Here, L.Y. did not view L. as a parent. L.Y. said L. did not take care of her, treat her well, feed her, tell her she loved her, help her with homework, keep her healthy, or help her if she had a problem. She believed L. did not love her. L.Y. rarely told L. about her school or activities. She did not trust her or rely on her for direction or assistance. As a result of L.‘s actions, L.Y. feared being hurt, lacked trust, was confused and anxious, and displayed symptoms of posttraumatic stress disorder. She has enuresis, oppositional behaviors, low self-esteem, and problems in school.
L.Y. did not want to visit L. and became upset when required to do so. During visits she was uncomfortable and refused to sit by L. or respond to her requests. She did not wear a belt to visits because she was afraid L. would hit her with it. She did not say goodbye at the end of visits and often refused to kiss L.; she never kissed L. voluntarily. She separated easily after visits. After visits, she was irritable, enuretic, and had temper tantrums. Once visits stopped in early November 2001, her behavior improved, her moods stabilized, she had no nightmares, and she seemed happier.
L.Y. was also bonded with her foster parents. She asked them to call her “daughter.” She wanted them to adopt her because they loved her and took care of her. They treated her as a parent should and met her daily physical and emotional needs.7
L. did not act parentally. During visits, she did not ask about L. Y.‘s school or activities and rarely communicated or interacted with her. She did not discipline, instruct, or give her attention. When L.Y. was crying, L. refused to hold or comfort her. Her judgment was immature. She knew Jaime had beaten L. Y., but did not report it and warned L.Y. not to tell anyone about the incident.
L. was not interested in L.Y. During visits, she did not pay attention to her, choosing to focus her attention on J. She brought gifts for only him. During one visit when J. was not present, L. interacted with L.Y. only to ask her about J., instead talking to the case aide and the foster father. When she called the foster home, she asked to speak to J., but not L. Y.
L. contends a beneficial relationship exists because L.Y. said she would be sad if she no longer saw L. and admitted it would be “hard” not to see her again. She also contends L.Y. had strong feelings about her because she wanted L. to pay more attention to her and got angry with her for not doing so. However, the child‘s disappointment does not establish a beneficial relationship. L.Y. acted poorly when she saw L. and acted well when she did not. She was upset by and frightened of L. She repeatedly stated she wanted to be adopted. Moreover, even if a child loves his or her parents, the court may nonetheless terminate parental rights if doing so is in the child‘s best interests. (
Further, no expert believed L. Y.‘s relationship with L. was beneficial. From the beginning of the case, the professionals observed that L. and L.Y. were not bonded. L. Y.‘s therapist believed L. did not
The social worker believed L.Y. did not have a beneficial relationship with L. because she did not meet L. Y.‘s daily physical and emotional needs and did not provide her with trust, security, or stability. L. introduced no contrary expert evidence. Substantial evidence supports the court‘s finding that the
II
L. contends her counsel was ineffective by not challenging the adoption assessment report, which she asserts inadequately described the prospective adoptive parents.8 To succeed in this claim she must establish she was prejudiced by counsel‘s asserted failure to challenge the assessment report. (In re Arturo A. (1992) 8 Cal.App.4th 229, 237, 10 Cal.Rptr.2d 131.)
If there is no probability a child will reunify with his or her parents, adoption is the Legislature‘s preferred plan. (In re Heather B. (1992) 9 Cal.App.4th 535, 546, 11 Cal.Rptr.2d 891.) To select and implement adoption as a child‘s permanent plan, the court must first find, by clear and convincing evidence, it is likely the child will be adopted if parental rights are terminated. (
Here, the evidence showed L.Y. was adoptable because she was female, in good health, developing normally, and had a sociable personality. Moreover, she had no beneficial relationship with L. and her foster parents were willing to adopt her.
Further, for a child who is generally adoptable, as the evidence shows L.Y. is, neither a child‘s placement in a potential adoptive home nor the availability of prospective adoptive parents “waiting in the wings” is a prerequisite to finding adoptability. (In re Sarah M., supra, 22 Cal.App.4th at p. 1649, 28 Cal.Rptr.2d 82.) All that is required is clear and convincing evidence of the likelihood the child will be adopted within a reasonable time. (In re Jennilee T. (1992) 3 Cal.App.4th 212, 223-225, 4 Cal.Rptr.2d 101.) Here, in addition to L. Y.‘s foster parents, there were six families willing to adopt a child with her characteristics, which sufficiently demonstrates she was likely to be adopted within a reasonable time.
In any event, L. Y.‘s prospective adoptive parents are licensed foster parents and have already been screened for the factors required in the assessment report.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, Acting P.J., and O‘ROURKE, J.