In re Skye B.
In re Skye B
In re Skye
B.
Filed 1/6/12 In re Skye B.
CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re SKYE B., a Person Coming
Under the Juvenile Court Law.
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MADERA COUNTY DEPARTMENT OF
SOCIAL SERVICES/CHILD WELFARE SERVICES,
Plaintiff and
Respondent,
v.
EMILY S.,
Defendant and
Appellant.
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F063131
(Super.
Ct. No. MJP016114)
OPINION
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THE COURT*
APPEAL from
an order of the Superior Court
of Madera
County. Thomas L.
Bender, Judge.
Julie E.
Braden, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
-ooOoo-
Emily S. (mother) appealed from an
order terminating parental rights
(Welf. & Inst. Code, § 366.26) to her four-year-old daughter, Skye B.[1] After reviewing the entire record, mother’s
court-appointed appellate counsel informed this court she had found no arguable
issues to raise in this appeal. Counsel
requested, and this court granted, leave for mother to personally file a letter
setting forth a good cause showing that an arguable issue of reversible error does exist. (In re Phoenix H. (2009) 47 Cal.4th 835, 844.)
Mother has since submitted a letter
in which she asks for another chance to be a part of Skye’s life. Mother claims she has made a major change for
the better. Mother’s letter, however,
neither addresses the termination proceedings nor sets forth a good cause
showing that any arguable issue of
reversible error at the termination hearing does exist. (In re
Phoenix H., supra, 47 Cal.4th at p. 844.)
Consequently, we shall dismiss this appeal.
An appealed-from judgment or order
is presumed correct. (Denham v. Superior Court (1970) 2 Cal.3d
557, 564.) It is up to an appellant to raise
claims of reversible error or other defect and present argument and authority
on each point made. If an appellant does
not do so, the appeal should be dismissed.
(In re Sade C. (1996) 13
Cal.4th 952, 994.)
At the termination hearing in this
case, the court’s proper focus was on the child to determine whether it was
likely she would be adopted and if so, order termination of parental
rights. Once reunification services are
ordered terminated, the focus shifts to the needs of the children for permanency and stability. (In re
Marilyn H. (1993) 5 Cal.4th 295, 309.)
If, as in this case, the child is likely to be adopted, adoption is the
norm. Indeed, the court must order
adoption and its necessary consequence, termination of parental rights, unless
one of the specified circumstances provides a compelling reason for finding
that termination of parental rights would be detrimental to the child. (In re
Celine R. (2003) 31 Cal.4th 45, 53.)
Here, mother offered the juvenile court no compelling reason for finding
termination would be detrimental. In
fact, despite proper notice of the section 366.26 hearing, mother did not
attend the hearing.
DISPOSITION
The
order terminating parental rights is affirmed.
* Before
Poochigian, Acting P.J., Detjen, J. and Franson, J.
[1] All
statutory references are to the Welfare and Institutions Code unless otherwise
indicated.
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