In re Joseph A.

Filed 3/6/07 In re Joseph A. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Affirmed.

Donna P. Chirco, under appointment by the Court of Appeal, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Appellant Sharon T. (Aunt) is the maternal aunt of the three minors who are the subjects of this appeal. She is appealing from the juvenile courts denial of her petition seeking appointment of herself as the minors guardian. Joseph A., J.A., and E.A. (Minors ) are currently in the care of a court-appointed guardian. Aunt filed her petition in April 2006.

The Riverside Department of Public Social Services (the Department) prepared an addendum report for the courts hearing on Aunts petition. According to the report, Joseph A., 15 years old at the time of the filing of Aunts petition, was a ward of the juvenile court and housed at juvenile hall. His history was replete with severe emotional and behavioral problems, which included running away from group homes, harming himself and others, and engaging in criminal conduct. He had been diagnosed with Attention Deficit Hyperactivity Disorder and had been in counseling. The Department believed Joseph required a residential facility to meet his needs.

J.A., 13 years old at the time of the filing of Aunts petition, likewise had exhibited emotional and behavioral problems. He also had a history of harming himself, oppositional behavior at school, and criminal behavior. He had been placed on juvenile probation, and the Department opined he required constant supervision and a structured environment.

E.A., 12 years old during the pendency of this proceeding, not surprisingly also displayed emotion problems. She was on probation for stealing but had made adequate progress in school. The Department felt she required a structure environment.

The children had been removed from their parents, whose current addresses were unknown. The parents had had multiple dependencies established. The mother had substance abuse issues and mental health problems. The father was not involved in the family. Minors had been placed with their current legal guardians in February 1999. J.A. and E.A. still resided in the guardians home, but Joseph had been out of the home for several years and was a ward of the juvenile court. Joseph had made allegations of abuse against the guardians. The Department, after investigation, determined the accusations to be unfounded.

Aunts history indicated a complete inability to meet the needs of Minors should she be appointed guardian. She was currently divorced and living in a board-and-care home to which she was referred by the Behavioral Health Hospital. Aunt previously had been residing with her two adult biological children, who shared a house. However, Aunt reported that arguing with her son had caused her stress, which led to her own hospitalization for suicidal ideation in December 2005. Aunt admitted to physical and mental health problems. Her litany of ailments included chronic high blood pressure, a liver condition, carpel tunnel syndrome, back and leg problems, anemia, and headaches. She also thought she had been diagnosed with manic depression and schizophrenia. She further related that she thought she had been hospitalized for suicidal thoughts nine or 10 previous times. She was currently seeing a department of mental health physician. She could not work and survived on Social Security disability and Medi-Cal.

Aunt claims to have adopted Minors older sister, currently age 19 and living away from Aunt. Aunt had not seen J.A. or E.A. for eight years, and she had only recently visited Joseph during his juvenile hall tenure.

At the hearing on Aunts petition, the Department submitted on the addendum report, which recommended that the petition be denied and that the current legal guardianship not be disrupted. Aunt related her concern that the Department had not sufficiently investigated Josephs allegations of abuse. The court ruled in favor of the Department.

Aunt appealed, and upon her request this court appointed counsel to represent her. Appellate counsel submitted a brief under the authority of In re Sade C. (1996) 13 Cal.4th 952, People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We have invited Aunt to file a supplemental brief, and she has not done so.

Even though we are not required to conduct an independent review of the record under In re Sade C., supra, 13 Cal.4th 952, we have done so. We have completed that review and find no arguable issues.

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RICHLI

J.

We concur:

RAMIREZ

P.J.

KING

J.

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