San Bernardino County Department of Children's Services v. Shirley M.

Good Law
134 Cal. App. 4th 1357·2005 Cal. App. LEXIS 1932·37 Cal. Rptr. 3d 6·2005 Cal. Daily Op. Serv. 10665
Court of Appeal of CaliforniaNovember 18, 2005No. E037988California1,440 words

Opinion

lead Opinion

McKinster, J.

*1359 Opinion

Shirley M. (hereafter appellant), formerly the foster mother of P.L. (hereafter the child), appeals from an order of the dependency court removing the child from her home and placing the child in a prospective adoptive home. Finding that she is not aggrieved of the order, and therefore has no standing, we dismiss the appeal.

FACTS AND PROCEDURAL HISTORY

The child was bom in October 2003. Her mother tested positive for methamphetamine. The child was not tested for dmgs because the doctors were more interested in saving her life. The child had seizures and asphyxia, and stayed in neonatal intensive care for three weeks.

Mother only visited the child sporadically and spent her time “running the streets and using dmgs.” Mother could not be found when the child was ready for discharge from the hospital. The child was placed with appellant, who was a foster mother of four other children who were siblings ranging in ages three to 17.

On November 6, 2003, a petition was filed on behalf of the child alleging that she came within the provisions of Welfare and Institutions Code, section 366.26, subdivisions (b) and (g). 1

A jurisdiction hearing was held on April 20, 2004.…

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