Legal Question in Family Law in California

gave birth to my daughter almost a year ago and she was born pos. tox.

She had a hold put on her by cps @ the hospitol and was put in foster care and soon went to live with my mother. she became foster mom. I went to rehab and failed 3times with one relapse. I have gone to court several times and have pleaded with the courts that i have NOW changed! It has gone to adoptions this last friday and i go back to court july 20th, 2010. im 100% drugfree. i attend outpatient, therapy, parenting, soberliving, and i have always been in my daughters life. i see her everyday and spend quality time with her. The apotion worker will be observing me with my daughter to see if there is attatchment there and there is! Do i have a chance in getting my reunification services back? or is this a lost cause?

Or is there anything else i need to do to regain reunification services as they were terminated. I am enrolled in outpatient drug classes and drug test @least 2times a week. What else can i do? I need to stop this adoption from happening and my public def. gave up on me.


Asked on 5/09/10, 7:55 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Depending on the procedural posture of your case, you would need to file either a writ or an appeal from what you call termination of reunification services. �A judgment in a proceeding under Section 300 may be appealed from in the same manner as any final judgment, and any subsequent order may be appealed from as from an order after judgment�� (Welf. & Inst. Code � 395.) �Consistent with this principle, there is general agreement that �[i]n juvenile dependency matters, all orders starting chronologically with the dispositional order are, [with the exception of an order setting a section 366.26 hearing], appealable judgments.�� (In re Cassandra B. (2nd Dist. 2004) 125 Cal.App.4th 199, 208.) A writ is taken when the order is not appealable. I would have the examine the actual order to determine whether it is appealable or not.

If your parental rights are terminated, you would need to appeal that, as that is a step towards losing your child to adoption.

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Answered on 5/16/10, 3:16 pm


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