Santa Clara County Department of Family & Children's Services v. Diana A.

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.

Statement of Facts

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 *572 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. A.’s daughter Rachel became a dependent of the juvenile court in 1987 due to Ms. A.’s use…