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Name: In re J.D.
Case #: A161973
Division: 2
Citation: 70 Cal.App.5th 833
Opinion Date: 20210929
Subsequent History: Mod. 10/27/2021
Summary

The juvenile court must carefully examine the relationship between mother and son consistent with Caden C., to decide whether their relationship is of such a nature that it is in the child’s best interests for that relationship to endure. Held: The order terminating mother’s parental rights is reversed and the matter is remanded for the juvenile court to conduct a new section 366.26 hearing consistent with In re Caden C. (2021) 11 Cal.5th 614. Here the Court of Appeal found that in evaluating the record, the agency had provided very little information in its prior reports during the case about the quality of mother’s relationship with J.D. or even the nature of her interactions with him during visitation. “That was not appropriate and did a disservice to not just mother and J.D. but also the juvenile court.” Social worker assessments and evaluations should address whether or not the children have a substantial, positive, emotional attachment to the parents taking into consideration the child’s age, the portion of the child’s life spent in parental custody, the positive or negative impact of interaction with the parent, and the child’s particular needs as required by Caden C.” (In re B.D. (2021) 66 Cal.App.5th 1218, 1230, fn. 5; see also In re Autumn H. (1994) 27 Cal.App.4th 567, 575 [“the nature and extent of the particular [parent-child] relationship should be apparent” by the time of the section 366.26 hearing because “[s]ocial workers, interim caretakers and health professionals will have observed the parent and child interact and provided information to the court”].