San Diego County Health & Human Services Agency v. Tomas L.

Tomas L., a minor also involved in this dependency proceeding, appeals a judgment terminating parental rights over his younger half siblings, D.M. and Noah M., and selecting adoption as the preferred permanent plan. (Welf. & Inst. Code, § 366.26.) 1 Tomas challenges the sufficiency of the evidence to support the court’s findings of adoptability and the inapplicability of the sibling relationship exception to the adoption preference. (§ 366.26, subd. (c)(l)(B)(v).) We conclude substantial evidence supports the court’s ruling on the sibling relationship exception. Further, as a matter of apparent first impression, we conclude Tomas lacks standing on the *287 adoptability finding because it does not affect any cognizable right of Tomas. We affirm the judgment, and dismiss the portion of the appeal pertaining to the issue of adoptability for lack of jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2009 the San Diego County Health and Human Services Agency (the Agency) removed D.M., then seven years of age, and her younger brother, Noah, from the custody of their mother, Erika R., and filed petitions on behalf of them under section 300. The petitions alleged the…