Santa Clara County Department of Social Services v. Ann P.

The department of social services (DSS) and the minor, Emily L., appeal from a judgment denying the department’s petition to terminate the parental rights of the minor’s mother, respondent Ann P., pursuant to Civil Code section 232. 1 Appellants contend the trial court erred as a matter of law in declining to terminate respondent’s parental rights in the face of undisputed evidence compelling termination. We agree for the reasons stated below and reverse the judgment.

Facts

Emily L., born prematurely April 24, 1985, was placed in protective custody directly from the hospital when she was three weeks old. A petition *737 was filed in juvenile court alleging the minor’s mother had no permanent home, two of the minor’s half-siblings were the subjects of section 232 proceedings, and a third half-sibling was a dependent child of the court who was undergoing a permanency planning hearing. Emily was declared a dependent child on October 18, 1985. (Welf. & Inst. Code, § 300, subd. (a).) In December 1985 she was placed in a foster-adoptive home, where she has since remained.

Respondent has a long history of drug and alcohol abuse, and an extensive criminal record dating back to…