Filed 7/18/16 In re Anthony G. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 

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or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re ANTHONY G. et al., Persons Coming 

Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES 

AGENCY,

 Plaintiff and Respondent,

v.

Y.G.,

 Defendant and Appellant.

 G053124

 (Super. Ct. No. DP022181,

 DP022303 & DP022304)

 O P I N I O N

Appeal from an order of the Superior Court of Orange County, Gary L. 

Moorhead, Judge. Affirmed.

Emily Uhre, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Leon J. Page, County Counsel, Karen L. Christensen and Jeannie Su, 

Deputies County Counsel, for Plaintiff and Respondent.

No appearance for the Minors.
2

INTRODUCTION

Y.G., the mother of the three minors Anthony, Evelyn, and Ebony, appeals 

from the order of the juvenile court terminating her parental rights. This is not her first 

involvement with the Orange County Social Services Agency (SSA). After several 

inconclusive reports beginning when he was a few months old, Anthony was detained in

February 2012, when he was two-and-a-half. Twins Evelyn and Ebony were detained at 

birth in 2012 because of Y.G.’s drug use. After their most recent prior detention, the 

children were returned to their mother on November 7, 2014. Less than 6 weeks later 

they were detained again; an Irvine police officer found Evelyn locked outside her house

in December, wearing only a T-shirt, while Y.G., indoors, was sleeping off heavy alcohol 

use.

1

 

Because of Y.G.’s previous history with SSA, she was bypassed for 

reunification services. The children went through several placements before being taken 

in by a paternal cousin, who was interested in adopting all three. In January 2016, the 

juvenile court terminated Y.G.’s parental rights, and those of the children’s father as well, 

finding the children generally and specifically adoptable. Only Y.G. has appealed, on the 

grounds of a lack of sufficient evidence that Ebony is adoptable and the other two 

children cannot be separated from her.

We affirm the order. Y.G. based her argument of error on the juvenile 

court’s failure to assess Ebony’s mental and physical condition as it affected her 

adoptability. The juvenile court in fact had sufficient evidence to find Ebony at the very 

least specifically adoptable by the relative who is her current caretaker and who wants to 

adopt her. There is therefore no need to review the juvenile court’s findings regarding 

Evelyn’s and Anthony’s adoptability.

 

1

The children’s father was in jail in Oklahoma.
3

FACTS

Anthony was born in October 2009. Evelyn and Ebony were born in March 

2012. SSA received reports of suspected abuse and neglect beginning in May 2010, 

when Anthony was five months old. He was detained in February 2012. The twins were 

hospitalized and detained at their birth in March 2012, because Y. G. had been taking

drugs. 

Y.G. and the children received services most recently between May 10, 

2012, and September 3, 2014. In addition to receiving housing, cash, and food stamps, 

Y.G. participated in several programs, aimed at improving her skills as a mother and 

getting her off drugs. The children were detained again in October 2014, after Ebony fell 

down some stairs and had to have surgery for a serious head injury.2 Anthony and Evelyn 

were returned to their mother on November 7, and Ebony was returned on November 20, 

2014. The case was closed on December 4. 

On December 14, an Irvine police officer responded to a report of a child 

screaming. He found Evelyn locked outside the house wearing only a T-shirt. Y.G. was 

asleep. She was later determined to have a blood alcohol level of .11 and admitted to 

drinking a large amount of vodka. The children were detained again on December 17, 

2014, and they went into foster care on January 12, 2015. They were placed with an 

extended family member on February 11, 2015. They went to another foster care 

placement on March 16. Finally, in June 2015 they were placed with a paternal cousin, 

who now wishes to adopt them. 

The juvenile court held the disposition hearing on June 24, 2015, at which 

time the court vested custody in SSA and bypassed both parents for reunification 

services. The matter was continued to October 19 for a hearing under Welfare and 

 

2

Ebony had to have a piece of her skull removed because her brain swelled. The piece was later 

reattached in another surgery. 
4

Institutions Code 366.26.3 The court also ordered an assessment report under section 

361.5 subdivision (g). 

In June and July 2015, SSA received reports from the relative caretaker that 

both Ebony and Evelyn, who were then three years old, were exhibiting sexualized 

behaviors and making statements indicating they had been sexually abused. 

Investigations were begun, and in July and August the court ordered further investigation 

into the reports. The SSA report for October 19, 2015, informed the court the allegations 

were unfounded and the investigations were closed. The children began attending 

therapy. 

At the August hearing, the court ordered a bonding study for Y.G. and the 

children with the proviso that it not delay the section 366.26 hearing. An appointment 

was made for the study, but Y.G. did not show up, and efforts to reach her to reschedule 

were unavailing. 

The court terminated Y.G.’s parental rights in January 2016, finding all 

three children generally and specifically adoptable. There was no testimony at the 

hearing. The report that included the adoption assessment was admitted into evidence, 

and the case was argued. 

DISCUSSION

Y. G. has identified only one issue on appeal, the children’s adoptability.4 

She asserts that the court erred in finding Ebony adoptable because it did not have 

sufficient evidence regarding her Factor XIII deficiency and her emotional state. 

Because the children are a sibling set, the other two children would not be adoptable were 

this argument well taken. It is not. 

 

3

All further statutory references are to the Welfare and Institutions Code.

4

Y. G.’s notice of appeal identified the denial of her section 388 petition as also being appealed, but 

she has failed to present any evidence, argument, or authority regarding the ruling on this motion. We therefore 

treat it as abandoned. (See In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830.)
5

We review the juvenile court’s findings of adoptability for sufficient 

evidence. (In re Josue G. (2003) 106 Cal.App.4th 725, 732.) We afford the findings the 

benefit of every reasonable inference and resolve evidentiary conflicts in the judgment’s 

favor. (In re B.D. (2008) 159 Cal.App.4th 1218, 1232.) 

Section 366.26, subdivision (c)(1), provides in pertinent part: “If the court 

determines . . ., by a clear and convincing standard, that it is likely the child will be 

adopted, the court shall terminate parental rights and order the child placed for adoption.”

“The issue of adoptability posed in a section 366.26 hearing focuses on the minor, e.g., 

whether the minor’s age, physical condition, and emotional state make it difficult to find 

a person willing to adopt the minor. [Citations.] Hence, it is not necessary that the minor 

already be in a potential adoptive home or that there be a proposed adoptive parent 

‘waiting in the wings.’ [Citations.] [¶] Usually, the fact that a prospective adoptive 

parent has expressed interest in adopting the minor is evidence that the minor’s age, 

physical condition, mental state, and other matters relating to the child are not likely to 

dissuade individuals from adopting the minor. In other words, a prospective adoptive 

parent’s willingness to adopt generally indicates the minor is likely to be adopted within a 

reasonable time either by the prospective adoptive parent or by some other family. 

[Citation.]” (In re Sarah M. (1994) 22 Cal.App.4th 1642, 1649-1650.)

According to a report presented to the court, Factor XIII deficiency is a 

very rare genetic disorder that affects the ability of the blood to clot. Unlike the blood of 

hemophiliacs, which can clot very slowly or not at all depending on the severity of the 

disorder, the blood of people with Factor XIII deficiency clots, but because a certain 

blood protein is missing the clot breaks down, and bleeding starts over again. 

Accordingly a serious internal injury, such as one to the head, may not be immediately 

obvious, because noticeable bleeding is delayed. A blood-clotting test will not reveal the 

presence of Factor XIII deficiency, because the blood does clot; a clot solubility test is 

needed. 
6

In the first place, it is not certain that Ebony has Factor XIII deficiency. 

The condition is mentioned first in this record in connection with the surgery performed 

in January 2015 to reattach the portion of her skull that was removed after her head 

injury.5 Between January and June 2015, Ebony’s blood work was reported as “clear,”

with no evidence of Factor XIII deficiency. A report dated August 10, 2015, stated that 

she had been diagnosed with the disorder and was receiving intravenous infusion therapy. 

It was also reported that she would need to have these infusions at least once a month. 

Then in September, her caretaker was informed that Ebony does not have the condition 

after all. She stopped getting infusions, and further tests were planned. This was the last

time the disorder was mentioned in the record. The adoption analysis, included in the 

report dated October 19, 2015, did not mention Factor XIII deficiency specifically, 

referring only to “medical conditions.” 

More importantly, the prospective adoptive parent was fully aware of 

Ebony’s medical history and wanted to adopt her anyway. In fact, Ebony was under the 

care of the prospective adoptive parent when she had her infusions during the summer of 

2015. The prospective parent was also thoroughly familiar with Ebony’s head injury and 

the need to be careful of the activities she engaged in. Thus, even if Ebony’s medical 

issues disqualified her from general adoptability, she was specifically adoptable. Y.G. 

has identified no legal impediment to adoption. (See In re I.W. (2009) 180 Cal.App.4th 

1517, 1526.)

The case on which Y.G. heavily relies, In re Valerie W. (2008) 162 

Cal.App.4th 1, does not assist her. In that case, one of the children being considered for 

adoption had an undiagnosed condition, possibly genetic, and thus no one knew what the 

child’s prognosis or needs for special care were going to be. There was no way to tell 

whether the prospective adoptive parents would be able to meet these needs. (Id. at pp. 6,

 

5

In the record, the condition is referred to as a “Factor VIII Deficiency.” This appears to be the 

same thing.
7

15.) Here, by contrast, the juvenile court had information about a clearly identified

condition – assuming Ebony had it – and substantial evidence that the prospective 

adoptive parent could cope with the infusions the condition would require. There was 

also ample evidence that the prospective adoptive parent was fully aware of the 

consequences of the head trauma that Ebony had suffered while in Y.G.’s care and could 

take the appropriate precautions.

As for the sexualized behaviors, the allegations of sexual abuse were 

investigated and determined to be unfounded. The prospective adoptive parent had 

reported the behaviors and was taking Ebony to a therapist to resolve whatever the issues 

were. The results of the investigation into possible sexual abuse and Ebony’s treatment

were before the juvenile court at the termination hearing, so Y.G.’s assertion that the 

court “ignor[ed]” the problem is contradicted by the record. Y.G. failed to identify any 

evidence that the outcome of therapy would make any difference in the prospective 

adoptive parent’s willingness to adopt Ebony.

Because we agree with the juvenile court that Ebony was at the very least 

specifically adoptable, we need not address the court’s adoptability findings for Evelyn 

and Anthony. Y.G.’s sole argument with respect to them was that their adoptability 

status hinged on Ebony’s. 
8

DISPOSITION

The order terminating parental rights is affirmed.

BEDSWORTH, ACTING P. J.

WE CONCUR:

ARONSON, J.

FYBEL, J.