In Re Heraclio A.

Good Law
42 Cal. App. 4th 569·49 Cal. Rptr. 2d 713
Court of Appeal of CaliforniaFebruary 7, 1996H013975California2,912 words

Opinion

Opinion

George W. Kennedy, District Attorney, and Robert J. Masterson, Deputy District Attorney, for Minor.

OPINION

MIHARA, J.

The juvenile court conducted a hearing pursuant to Welfare and Institutions Code section 366.26 [1] and ordered the minor Heraclio (Rocky) A. freed for adoption. John A. and Diana A., his parents, challenge the order on the following grounds: (1) the juvenile court lacked subject matter jurisdiction; (2) they were deprived of their right to due process; and (3) there was insufficient evidence to support a modification of the permanent plan. For the reasons stated below, we affirm the order.

Ms. A. has a history of chronic substance abuse which results in incarceration and impairment of her ability to parent. She also has a history of moving and leaving her children with friends or relatives without informing them of her whereabouts. Mr. A. has a similar history of chronic substance abuse and incarceration.

Ms. A.'s daughters, Basilia and Anita, were made dependents of the juvenile court in 1980. They were placed with Ms. A. in 1985, but removed again in 1986 due to her incarceration. The court eventually ordered permanent out-of-home placement.

Mr. and Ms.…

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