Department of Social Services v. Benjamin W.

Patricia H. (Patricia) is the natural mother of Joseph E. (Joseph), a young child. She is also the natural mother of Sylvia W. (Sylvia), Joseph’s younger half-sister, whose natural father is Benjamin W. (Benjamin). On August 9, 1973, Joseph and Sylvia were adjudged dependent children of the juvenile court. Joseph was placed with foster parents in April of 1974, and Sylvia has resided in another foster home since January of 1976. The respective foster parents wish to adopt the children presently in their care.

The California State Department of Health petitioned the superior court, under Civil Code section 232, for an order declaring Joseph and Sylvia free from parental custody and control. Patricia, the mother of both, and Benjamin, the father of Sylvia, resisted the petition. Following a trial, the superior court entered judgment as prayed by the department. Patricia and Benjamin have appealed.

We affirm the judgment for the reasons as follow.

The several appellate contentions are stated as phrased by Patricia and Benjamin.

*657 I. Contention: “The judgment must be reversed insofar as it severs the parental relationship between. Benjamin ... and Sylvia ... because…