In re D.T.
Filed 8/18/09 In re D.T. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
In re D.T., a Person Coming Under the Juvenile Court Law. | H033696 (Santa Clara County Super. Ct. No. JD17967) |
SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES, Plaintiff and Respondent, v. K.M., Defendant and Appellant. |
Appellant K.M., mother of D.T., appeals from a juvenile court order terminating her parental rights under Welfare and Institutions Code section 366.26.[1] D.T. and her sibling were originally taken into custody after mother was arrested for being under the influence of drugs.[2] They were again detained after mother hit D.T. on the hand with a hairbrush and was arrested for physical abuse against D.T. The juvenile court ordered the children detained and subsequently ordered family reunification services.
At the contested 12 month review hearing, despite recent progress in her case plan, the juvenile court terminated services to mother and set the matter for a section 366.26 selection hearing. Visits between mother and D.T. continued, but after a few months, D.T. told her foster mother and social worker that she did not wish to visit her mother anymore and that she was happy where she was living. Mother filed a petition pursuant to section 388 requesting that the court reinstate reunification services based on her sobriety. After denying the petition, the court terminated all visitation between mother and D.T.
By the time of the section 366.26 hearing, evidence revealed that mother had tested positive for drugs on several occasions. At the hearing, the mother submitted on the recommendations of the Santa Clara County Department of Family and Childrens Services to terminate parental rights. The juvenile court adopted the findings and terminated mothers parental rights. This timely appeal ensued.
On appeal, we appointed counsel to represent appellant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. (In re Sade C. (1996) 13 Cal.4th 952 (Sade C.).) In the opening brief, counsel acknowledged that this court has no duty to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, but requested that we allow appellant the opportunity to submit a brief in propria persona pursuant to Conservatorship of Ben C., (2007) 40 Cal.4th 529, 543-544 (Ben C.). On April 15, 2009, we notified appellant of her right to submit written argument in her own behalf within 30 days. Thirty days have elapsed and we have received nothing from appellant.
In a letter dated, April 13, 2009, the respondent asks us to dismiss the appeal. The appellant having failed to raise any issue on appeal, the appeal must be dismissed as abandoned. (Ben C., supra, 40 Cal.4th 529; Sade C., supra, 13 Cal.4th 952.)
Disposition
The appeal is dismissed as abandoned.
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RUSHING, P.J.
WE CONCUR:
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PREMO, J.
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ELIA, J.
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[1] All further unspecified statutory references are to the Welfare and Institutions Code.
[2] D.T.s sibling, P.F. was the subject of a prior appeal determined by this court in an opinion filed on January 23, 2009, and is not a party to the instant appeal.
