In re Brenda L.
Defendant and appellant Ofelia L. (mother) is the mother of minor Brenda L. (Brenda). Approximately 18 months after the juvenile court detained Brenda and placed her in foster care based on allegations that mothers boyfriend physically abused both mother and Brenda, mother successfully completed her case plan and obtained a home of parent custody order. The Los Angeles County Department of Children and Family Services (DCFS), however, almost immediately filed a Welfare and Institutions Code section 387 supplemental petition seeking to terminate the home of parent order and retain Brenda in foster care on the grounds that mother was homeless and could not provide Brenda with the necessities of life. The juvenile court sustained the section 387 supplemental petition, terminated the home-of-parent order, and set a section 366.26 permanent plan hearing. At the subsequent permanent plan hearings, the juvenile court denied mothers requests for an Evidence Code section 730 bonding study, denied mothers section 388 petition based on the assertion she was no longer homeless, terminated mothers parental rights, and freed Brenda for adoption.
On appeal, mother challenges the juvenile courts orders relating to DCFSs section 387 supplemental petition, including the courts denial of her request for a continuance of the section 387 dispositional hearing, contending those prior orders are reviewable on an appeal from a subsequent order terminating parental rights. Mother also asserts claims based on DCFSs restriction of her visitation rights and ineffective assistance of counsel. She further challenges the juvenile courts orders denying a bonding study, denying her section 388 petition, and terminating her parental rights. Mothers basic contention is that Brenda was taken from her solely because mother is poor and homeless.
Court hold that mothers challenges to the orders relating to DCFSs section 387 supplemental petition are outside the scope of her notice of appeal, and therefore not subject to review on this appeal. Court further hold that mother forfeited her contentions based on the restriction of her visitation rights by not raising that issue in the juvenile court, and that her claim of ineffective assistance of counsel is not cognizable on direct appeal. Finally, Court hold that the juvenile court did not abuse its discretion in denying mothers requests for a bonding study and her section 388 petition, and that there is substantial evidence supporting the courts finding that mother failed to establish the section 366.26, subdivision (c)(1)(A) exception to the termination of her parental rights. Based on the applicable standards of review, the record, and our appellate jurisdiction, Court affirm the orders of the juvenile court from which mother appeals.
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