In re Eduardo S.
Filed 6/13/06 In re Eduardo S. CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| In re EDUARDO S., a Person Coming Under the Juvenile Court Law. | |
| ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. JULIETTE S., Defendant and Appellant. | A111659 (Alameda County Super. Ct. No. J-185408) |
Juliette S. (Mother) appeals from an order terminating her parental rights following a hearing pursuant to Welfare and Institutions Code[1] section 366.26 (.26 hearing), and an order denying her petition for rehearing. We affirm both orders.
I. BACKGROUND
A. Initial Dependency Proceedings and First .26 Hearing
Eduardo was born healthy in June 2001. Less than a month later, while Mother was breast-feeding Eduardo, he suffered cardiac arrest and stopped breathing. Although he was resuscitated, he suffered massive brain damage due to lack of oxygen to his brain. He has cerebral palsy, and has had severe developmental delays. He requires 24-hour care, including feeding him through a gastronomy tube, checking his vital signs, and administering medications. He is unable to walk but can stand in a walker.
In June 2002, the Alameda County Social Services Agency (the Agency), filed a petition pursuant to section 300, subdivision (b), alleging Eduardo had suffered, or there was a substantial risk he would suffer, serious physical harm due to his parents'[2] inability to protect him adequately. The juvenile court sustained the allegations of the petition and removed Eduardo from Mother's custody.
The six-month review report prepared by the Agency for a hearing scheduled for January 2003 indicated Mother had been consistent with her visits to Eduardo, except when she traveled to another state after the death of her father. The report concluded Mother was in partial compliance with her case plan. She had not participated in therapy since October 2002, due to her father's death, but planned to return by January 2003. The psychologist who had evaluated Mother concluded she was â€
