San Diego County Health & Human Services Agency v. Rosi M.

Bad Law
113 Cal. App. 4th 1289
Court of Appeal of CaliforniaDecember 4, 2003No. D041731; No. D042607California2,909 words

Opinion

lead Opinion

McDonald, J.

*1292 Opinion

In this consolidated proceeding Rosi M., the mother of Rachel M., appeals the termination of her parental rights pursuant to Welfare and Institutions Code section 366.26, 2 and Rachel, joined by Rosi, petitions this court for a writ of error coram vobis to vacate the judgment based on new evidence. In her appeal, Rosi contends there was insufficient evidence to support a finding that Rachel was likely to be adopted, and the juvenile court erred by not applying the beneficial relationship exception to adoption. (§ 366.26, subd. (c)(1)(A).) In her petition, Rachel urges us to vacate the judgment and remand for a new section 366.26 hearing to consider comments by Rachel’s grandmother suggesting that her agreement to adopt Rachel was the result of coercion. We affirm the judgment and deny the petition.

PROCEDURAL AND FACTUAL BACKGROUND

Rachel, the daughter of Rosi and Michael L., was bom in February 2001 with a positive toxicology screen for methamphetamine. 3 Rosi admitted she used methamphetamine during the pregnancy and did not obtain prenatal care. On February 8, Rosi and Michael signed a voluntary contract with the San Diego County Health and Human Services…

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