In re J.V.

Filed 6/7/06 In re J.V. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

The parents and siblings of two children adjudged dependents of the juvenile court appeal the court's order terminating parental rights and freeing the children for adoption by the children's foster parents. (Welf. & Inst. Code, § 366.26 [all further section references are to this code].) Appellants contend that the court erred in finding that severance of the children's sibling relationships will not be detrimental to the children and that the benefit of adoption outweighs any detriment caused by the severance. (§ 366.26, subd. (c)(1)(E).) We conclude that the court's findings are supported by substantial evidence, and affirm the order.

facts

The family consists of J.V., Sr., (Father), I.V. (Mother), and their four children: J.D.V. (a boy born May 1988); B.V. (a girl born June 1989); J.V. (a boy born April 1995); and E.V. (a girl born October 2000). The two younger children, J.V. and E.V., are the subject of this appeal.

The family suffered chronic domestic violence and child abuse and neglect, and was referred to the Alameda County Social Services Agency (Agency) on multiple occasions over the years. In July 2001, the juvenile court adjudged all four children dependents of the court. (§ 300, subds. (a) & (b).) The court found that Father had repeatedly beaten Mother in front of the children, and also beat the older boy, J.D.V. It was soon discovered that at least one of the children witnessed Father forcing Mother into sex, and that Father molested the older girl, B.V.

Upon discovery of the child sexual abuse, the court removed the two older children (J.D.V. and B.V.) from parental custody. The minors that are the subject of this appeal remained in the parental home. J.V. was six years old, and E.V. was one year old when the older siblings left the parental home in October 2001. The Agency continued to offer family reunification services but the parents' participation was limited and they showed no improvement in parenting their children. Despite receiving two years of social services, Father continued his abusive conduct and Mother failed to protect the two children remaining in her care. In February 2003, Father hit seven-year-old J.V. with a belt, and the juvenile court admonished Father not to beat his wife and children.

In May 2003, J.V. and E.V. were removed from their parents' custody after Father was jailed for injuring Mother. Father hit Mother when she refused sex and kicked J.D.V. (who was visiting home) in the face when the child went to Mother's aid. J.V. and E.V. were placed in the same foster home as their siblings. Parental visitation was granted, and reunification services continued.

In June 2003, J.D.V. (then 15 years old) was removed from the foster home after engaging in inappropriate sexual behavior with E.V., his two-year-old sister. J.D.V. and E.V. were found at the side of the house, each with their pants down. While only this single incident with E.V. was discovered, there are other indications of sexual molestation or inappropriate exposure to sexual behavior. When the children first came together at the foster home, Mother warned B.V. not to leave J.D.V. alone with E.V. J.V. also showed concerns about contact with J.D.V. J.V. refused to sleep in the same room as J.D.V. when the boys lived together in the parental home, and the foster parents noticed that J.V. slept on the floor rather than with J.D.V. in a hotel's double bed on vacation.

Social workers report that â€