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Name: In re Jayson T.
Case #: G029715
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/26/2002
Subsequent History: Rehg. denied 4/17/02

During this appeal from parental termination, the adoption placement failed when the prospective adoptive parents concluded that one boy in a sibling set suffered such a severe “reactive attachment disorder” that they could not continue with the adoption. The Court of Appeal accepted independent appellate minor’s counsel’s declaration describing the adoptive placement failure and held that although there was neither trial court error, nor ineffective assistance of counsel in the trial court, and in spite of opposition from county counsel, reversed the order terminating parental rights and remanded for an updated review hearing. [The original opinion read “[t]o do our part to expedite the process, we order that this opinion will become final fifteen days after filing, the remittitur will issue immediately upon its finality.” That sentence was later omitted by an order modifying the opinion.] This holding is an expansion of In Elise K. (1982) 33 Cal.3d 138, where the Supreme Court accepted a stipulation from the parties to reverse the termination order after the adoption placement failed.