Jean L. and James L. v. Superior Court

Filed 9/11/06 Jean L. and James L. v. Superior Court CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

Jean L. (Mother) and James L. (Father) challenge an order of the Alameda County Superior Court, Juvenile Division, which set a hearing under Welfare & Institutions Code[1] section 366.26 to select a permanent plan for George L. and Nicholas L. (born July 2004). As discussed below, we deny their petition on the merits.[2]

I. BACKGROUND

On September 29, 2005, the Alameda County Social Services Agency (Agency) filed a petition pursuant to section 300, subdivision (b), to establish dependency jurisdiction over George and Nicholas. The jurisdictional allegations were essentially related to Mother's history of alcohol abuse, Father's history of substance abuse, and events surrounding a relapse by Mother. Two weeks later, on October 14, 2005, the juvenile court entered an order that sustained the jurisdictional allegations, directed a disposition of out-of-home placement for the children, and ordered reunification services for Mother and Father.

In mid-March 2006, the Agency prepared and submitted its report for the six-month review hearing. (See § 366.26, subd. (e).) The report recommended that reunification services be terminated for both Mother and Father, and that the matter be set for a hearing under section 366.26, to select a permanent plan of adoption. The Agency reiterated these recommendations in three subsequent supplemental reports, which the Agency submitted during continuance of the proceeding. The juvenile court held the six-month hearing on May 17, 2006, and two days later entered its order terminating reunification services for Mother and Father and setting a hearing under section 366.26.

This petition followed. (§ 366.26, subd. (l); Cal. Rules of Court, rule 38.1.)

II. DISCUSSION

A. Introduction

At a six-month review hearing, the juvenile court must order the child to be returned to his or her parent's physical custody â€