In re Savannah C.

Filed 1/31/07  In re Savannah C. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION THREE

            APPEAL from an order of the Superior Court of Los Angeles County, Stanley  Genser, Commission.  Affirmed.

            Kimberly A. Knill, under appointment by the Court of Appeal, for Defendant and Appellant.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent.

_________________________

            William C. (father) appeals an order terminating his parental rights with respect to Savannah C.  Father contends the juvenile court improperly refused to conduct a hearing on his petition for modification (Welf. & Inst. Code, § 388)^[1], erroneously failed to apply the sibling relationship exception to termination of parental rights (§  366.26, subd. (c)(1)(E), and prejudicially failed to appoint separate counsel for Savannah's sister, Cori W.  We reject father's claims and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

1.  Prior contacts.

            In February of 1999, the Department of Children and Family Services (DCFS) received a referral alleging Savannah C. and her siblings, Adam W. and Cori W., were at risk of emotional abuse due to domestic violence between their mother and father.^[2]  Mother told an investigator father had entered a rehabilitation program, no longer lived in the home and both mother and father were now sober.  The following month, DCFS received a referral alleging physical abuse of Adam W. by father, who had returned to the home.  Adam W. and father denied any physical abuse.  However, father admitted a substance abuse problem and mother admitted alcohol abuse.  This referral resulted in a Voluntary Family Maintenance contract.

            In 2001, DCFS attempted to investigate allegations of mother's substance abuse but were unable to locate the family.  A similar situation arose in 2004.

            2.  Detention in this case.

            On October 4, 2004, then eight-year-old Savannah C., 17-year-old Adam W. and 15-year-old Cori W., were detained after their caretaker, mother, left the children with maternal grandmother who could not enroll them in school without authorization from mother.  Mother left only a copy of a medical card for Savannah who has mild cerebral palsy.  Mother had a history of alcohol abuse and moved from one city to another with the children.  Adam W. had attended five different high schools and both Adam and Cori W. wanted to remain with maternal grandmother.  Father was in prison for possession of methamphetamine.  Father indicated he loved his daughter and â€