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Name: In re A.O.
Case #: D043235
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/23/2004

The minors had lived with their grandparents since removal from their parents in 1999. Parental rights were terminated in 2001 and the grandparents were the prospective adoptive parents. Before the home study was completed, it was discovered that mother was living in the home, and that there had been some domestic violence, and possibly drugs in the home. The adoption was put on hold while the grandparents received mental health support services and were required to drug test and complete psych evaluations. Subsequent reports about the grandparents’ behavior caused the Department to file section 387 petitions on behalf of the children, based on the condition of the home, grandmother’s mental illness, and domestic violence in the home. The children were removed and the petitions were sustained. The appellate court here held that there was sufficient evidence to support the findings on the 387 petition, and affirmed. The home was in horrible condition and the children were infested with lice. Neighbors reported that grandmother exposed herself and used profanity around young children. They were also concerned about domestic violence and substance abuse, as well as people coming and going from the home. Mother used drugs and slept in the home. Grandmother left the minors alone and did not see that they attended school on a regular basis. The minors wished to stay in the foster home. Further, the Department would never have approved the grandparents for adoption, and the minors deserved stability.