GUILLERMO G. v. Superior Court

I

Brianna and her sister Chelsea were declared dependents of the juvenile court in 1992, a few months after Chelsea was bom suffering from cocaine addiction. The children were placed with their maternal grandmother. The case progressed to a 12-month review in August 1993. At the time the children’s father, Guillermo G., was incarcerated in the Orange County jail. At the hearing he waived his right to further reunification services over the “strong objection” of his appointed counsel, though the court did make an order that he have one hour visitation every two weeks while he was in custody. The court went on to determine that reasonable reunification services had been offered and that it would be detrimental to the children to return them to their parents. However, the court also found that the children were not likely to be adopted, and no one was willing to accept legal guardianship. The court ordered reunification services terminated and the children placed in long-term foster care, where they remained for the next 16 months.

By January 1995 the maternal grandmother desired legal guardianship, so social workers recommended that a hearing be set to select and…