Filed 12/7/05 In re D.S. & R.S. CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| In re D. S. & R. S., Persons Coming Under the Juvenile Court Law. | |
| HUBOLDT COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES, Plaintiff and Respondent, v. ANTONIO G., Defendant and Appellant. | A109191 (Humboldt County Super. Ct. No. JV030229-1-2) |
I. INTRODUCTION
This is an appeal by the biological father of two twin girls from an order denying his petition under section 388 of the Welfare and Institutions Code[1] and terminating all parental rights under section 366.26. Respondent has filed a motion to dismiss on two separate grounds and, after due consideration, we grant the motion and dismiss the appeal.
II. FACTUAL AND PROCEDURAL BACKGROUND
The two (now) three-year old twin girls, the subjects of this appeal, were born to mother––not an appellant in this case––in 2002 in Sacramento. They were born prematurely and tested positive for methamphetamine, as the mother was a habitual user of it and other drugs. Appellant, an illegal immigrant from Mexico, was their alleged father; he was sentenced to prison on October 24, 2002, and remained there until he was deported to Mexico in, apparently, the fall of 2004.[2] The record in this case does not reveal for what crime or crimes he was imprisoned.
The two girls have spent almost all their lives in foster care. They were originally detained in Yolo County when they were two weeks old. The mother then moved to Sacramento, and the case was transferred there. The twins were returned to the mother's care in April 2003, after which she moved to Humboldt County. The respondent Agency detained them there under section 300 in October 2003. They have been in foster care ever since, with the current foster parents wishing to adopt them. While the twins were in the mother's custody in Yolo and Humboldt Counties, and in foster care in Humboldt County thereafter, there have apparently been no visits by them with the imprisoned appellant. Indeed, the Agency report to the court for the dispositional hearing recited that appellant â€
