Santa Clara County Department of Family & Children's Services v. Jennifer M.

I agree with the majority’s disposition in this case. However, I would affirm the judgment on the basis of the mother’s lack of standing to raise arguments on behalf of the minor’s father. The father chose not to appeal in this case. He was represented by independent appointed counsel. Whether that counsel functioned in a competent manner is a question that must be raised, if at all, by the father.

The majority agree with this point and the opinion more than adequately demonstrates the reasons why the mother does not enjoy a so-called “unity of interest.” The majority opinion should not therefore include a discussion of the mother’s appellate points relating to the father’s participation in the case. Besides being pure dictum, such a discussion in the opinion dignifies the arguments raised in this appeal which in my opinion are completely specious.

The mother in this dependency proceeding appeals from orders terminating both parents’ parental rights. She argues that the father’s attorney was ineffective in his representation and that she was prejudiced thereby. We reject these claims and affirm the orders.

Background

Joshua M. was bom December 19, 1992, to Jennifer M., an unmarried teenage mother. He was small at birth and gained weight very slowly during his first year of life, prompting concerns whether he was getting sufficient nourishment. A referral was made to the department of family and children’s services (the Department) in April of 1993 and several months thereafter Joshua and his mother began receiving voluntary services from the Department.

The social worker assigned to assist Joshua and his mother found the mother’s care to be “unsatisfactory.” The mother had difficulty maintaining a regular feeding schedule and feeding Joshua nutritionally appropriate foods. She would become angry and resentful when she had to attend to her child’s needs. Joshua was often ill during his first year, with colds, infections, vomiting and intestinal problems. Furthermore, the mother was unable to provide a stable home…