In re Nicolas W
Filed 6/2/06 In re Nicolas W. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re NICOLAS W., a Person Coming Under the Juvenile Court Law. | |
| FRESNO COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. JERALD W., Defendant and Appellant. | F049107 (Super. Ct. No. 04CEJ300223)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Jamileh Schwartzbart, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)
Janet H. Saalfield, under appointment by the Court of Appeal, for Defendant and Appellant.
Dennis A. Marshall, County Counsel, and Howard K. Watkins, Deputy County Counsel, for Plaintiff and Respondent.
-ooOoo-
Jerald W. appeals from an order terminating his parental rights (Welf. & Inst. Code, § 366.26) to his son Nicolas.[1] Appellant contends the juvenile court erred by finding the child was likely to be adopted. On review, we will affirm.
PROCEDURAL AND FACTUAL HISTORY
In October 2004, when Nicolas was less than four months old, doctors diagnosed him with injuries, both old and new, consistent with Shaken Baby Syndrome. Those injuries included intercranial bleeding, edema and massive retinal hemorrhages resulting in the loss of considerable brain tissue and blindness. Consequently, respondent Fresno County Department of Children and Family Services (the department) initiated the underlying dependency proceedings pursuant to section 300, subdivisions (a), (b) and (e) for the non-accidental infliction of serious physical harm, the neglect, and the severe physical abuse Nicolas suffered. Both appellant and the infant's mother bore responsibility for Nicolas's injuries.
Nicolas remained hospitalized for approximately a month, during which he was on life support systems and underwent a number of medical as well as surgical procedures. Upon the infant's release, the department placed him in the home of Mr. and Mrs. R., a specialized foster home for medically-fragile children, where Nicolas has remained ever since.
Over time, the Fresno County Superior Court adjudged Nicolas a dependent child, removed him from parental custody, and denied the parents reunification services (§ 361.5, subd. (b)(5) & (6)). The court in turn set a section 366.26 hearing to select and implement a permanent plan for Nicolas.
The department thereafter prepared an assessment, recommending that the court find Nicolas adoptable and terminate parental rights. In its adoption assessment, the department acknowledged Nicolas was â€
