Orange County Social Services Agency v. Tina C.

Bad Law
121 Cal. App. 4th 1297·17 Cal. Rptr. 3d 928·2004 Cal. App. LEXIS 1433·2004 Daily Journal DAR 10771·2004 Cal. Daily Op. Serv. 8046
Court of Appeal of CaliforniaAugust 31, 2004No. G033794California1,139 words

Opinion

lead Opinion

Leary, J.

Tina C. appeals from an order continuing the permanency hearing (Welf. & Inst. Code, § 366.26) 1 for 180 days to allow additional time to find adoptive parents for her sons, six-year-old Cody and four-year-old Justin. She contends there is insufficient evidence to support the finding the boys had a probability for adoption. We agree with the Orange County Social Services Agency (SSA) that the finding is only interim and thus not appealable. Because this appeal is premature, we dismiss.

FACTS

Little needs to be said regarding the facts of this dependency proceeding; they are set forth adequately in our prior unpublished opinion in which we affirmed the order made at the 12-month review hearing terminating services and scheduling a permanency hearing. (Tina C. v. Superior Court (Nov. 13, 2003, G032796) [nonpub. opn.].) Suffice it to say, the boys (and their two teenage sisters who are not subjects of this appeal) were declared dependent children due to Tina’s chronic drug use and her inability to provide a safe and sanitary home.

The boys had been placed together with a foster mother who had wanted to adopt them. But the boys had increasingly severe behavioral problems…

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