Riverside County Department of Public Social Services v. Amelia M.

*807 Opinion

The mother of Daniel H. appeals from a Welfare and Institutions Code section 366.26 1 order terminating her parental rights as to Daniel and freeing him for adoption. The mother argues that: (1) the trial court failed to inquire into and make orders for sibling visitation between Daniel and his sisters, and (2) Daniel and his sisters suffered from ineffective assistance of counsel because (a) they were all represented by the same attorney despite their conflicting interests in sibling visitation, and (b) their attorney failed to pursue sibling visitation. We affirm, concluding that the mother lacks standing to raise these issues because they are all based on the minors’ alleged interest in sibling visitation.

Statement of Facts

At the time these proceedings were instituted, the mother had several children, including “Sister A” (age 11), “Sister B” (age 9), “Sister C” (age 8), “Sister D” (age 6), and 6-month-old Daniel, the subject of this appeal.

On July 30, 2000, the department of public social services (DPSS) took custody of Sister A and Sister C when their mother failed to pick them up after they returned from a week-long summer camp. Sister A and Sister C were…

I concur with the result achieved in the lead opinion. I write separately to elucidate the apparent conflict between the instant opinion, with which I agree, and In re Elizabeth M. (1991) 232 Cal.App.3d 553 [ 283 Cal.Rptr. 483 ] (Elizabeth M.), with which I also agreed. In the first instance, as pointed out by the majority, the facts in Elizabeth M. distinguish it from this case. For example, with respect to the issue of independent counsel, the children in that case themselves appealed, asserting their right thereto. Therefore, whether the father had standing to raise the issue on their behalf was irrelevant and our conclusion on the issue there is dicta. (Id. at p. 565.) Further, I have, after additional reflection, determined not only that the conclusion is dicta, but to the extent that it can be said to espouse the notion that parents have standing on appeal to raise the issue of failure to provide independent counsel for their children in every instance, it is incorrect dicta. As the majority here correctly concludes, in order to have standing to raise an issue on appeal, a parent must demonstrate that the issue affects that parent’s interests, and not merely the child’s. (In…