San Diego County Health & Human Services Agency v. Diana G.

Good Law
133 Cal. App. 4th 1415·2005 Cal. App. LEXIS 1733·2005 Daily Journal DAR 13184·35 Cal. Rptr. 3d 577·2005 Cal. Daily Op. Serv. 9685
Court of Appeal of CaliforniaNovember 9, 2005No. D046686California2,380 words

Opinion

lead Opinion

Huffman, J.

Diana G., the mother of Salvador M., appeals the judgment terminating her parental rights pursuant to Welfare and Institutions Code section 366.26. 1 Diana contends the juvenile court erred by making inconsistent findings and failing to apply the sibling relationship exception to adoption (§ 366.26, subd. (c)(1)(E)).

FACTUAL AND PROCEDURAL BACKGROUND

In May 2003, Diana gave birth to Salvador, her third child. Diana subsequently told hospital staff that she had used methamphetamine four days before the baby’s birth. Although the baby tested negative for the presence of drugs in his system, a hospital hold was placed on him.

On May 20, 2003, the San Diego County Health and Human Services Agency (Agency) filed a dependency petition on behalf of Salvador, alleging *1418 he was in need of the protection of the juvenile court because of the drag use of both his parents and his father’s failure to protect. (§ 300, subd. (b).) 2

On June 9, 2003, Diana submitted on the petition, and the juvenile court sustained the petition. The court declared Salvador a dependent of the court and placed him with the maternal grandmother, who was the legal guardian of Diana’s son, Joseph G.,…

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