In re Alexus T.
Filed 8/15/06 In re Alexus T. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(San Joaquin)
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| In re ALEXUS T. et al., Persons Coming Under the Juvenile Court Law. | C051343 |
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| SAN JOAQUIN COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. RACHELL S., Defendant and Appellant. |
(Super. Ct. Nos. J03160, J03484)
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| In re ALEXUS T. et al., Persons Coming Under the Juvenile Court Law. | C051693 | |
| SAN JOAQUIN COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. JOHNNY T., Defendant and Appellant. |
(Super. Ct. No. J03160)
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In case No. C051343, Rachell S. (Rachell), the mother of Alexus T., Israel T., and Andrea S., appeals from orders of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395.)[1] In case No. C051693, Johnny T. (Johnny), the father of Alexus and Israel, appeals from an order of the juvenile court terminating his parental rights.[2]
On June 9, 2006, this court ordered the appeals consolidated for decision.
Rachell makes several contentions of alleged prejudicial error, in which Johnny joins. For the reasons that follow, we reject Rachell's claims. Moreover, we conclude Johnny lacks standing to join Rachell's claims. Accordingly, we affirm the orders.
Facts and Procedural History
On July 15, 2003, the San Joaquin Human Services Agency (HSA) filed an original juvenile dependency petition pursuant to section 300 on behalf of four-year-old Alexus and 22-month-old Israel. (Case No. J03160.) The petition alleged that Rachell's whereabouts were unknown; that, on one occasion, Rachell had left Alexus with inappropriate caretakers; that, at the time of detention, Rachel had left Alexus and Israel with the maternal great-grandmother, who was unable to care for them; and that Rachell's substance abuse rendered her unable to provide adequate care for Alexus and Israel. The petition, which listed Johnny as the alleged father of Alexus and Israel, also alleged that Johnny's whereabouts in prison were unknown.
The juvenile court sustained the petition, adjudged Alexus and Israel dependent children, and granted Rachell reunification services. Rachell visited with Alexus and Israel, and those visits went well. At first, Rachell did not cooperate with HSA or participate in programs. However, by April 2004, Rachell was progressing satisfactorily.
In January 2004, Andrea was born. Unfortunately, in April 2004, HSA learned that Rachell had been sentenced to state prison for five years for robbery. She was incarcerated at the state prison in Chowchilla. On April 28, 2004, HSA filed an original juvenile dependency petition on behalf of three-month-old Andrea. (Case No. J03484.) That petition alleged in part that Rachell was incarcerated and unable to provide or arrange care for Andrea. Based on the length of her sentence, the nature of the offense, and the young age of Andrea, HSA opined that services for Rachell would be detrimental to Andrea. The juvenile court sustained the petition, adjudged Andrea a dependent child, and denied Rachell reunification services.
On June 7, 2004, HSA filed a subsequent petition on behalf of Alexus and Israel, alleging that Rachell was incarcerated and unable to complete her case plan. That petition sought the termination of her reunification services as to Alexus and Israel. Just prior to her incarceration, Rachell had been making progress on her case plan. In August 2004, the juvenile court sustained the subsequent petition as to Alexus and Israel, continued Alexus and Israel as dependent children, and terminated Rachell's services as to the two minors.
In a March 2005 report, HSA stated it had not arranged for visitation between Rachell and the minors. According to HSA, â€
