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Name: In re Marcelo B.
Case #: B238619
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/24/2012

Parental rights were properly terminated where parents were unable to maintain sobriety. Parents appealed from the order denying their 388 petition and terminating their parental rights to the minor. They contended that the juvenile court abused its discretion when it denied the petition because Father showed changed circumstances when he began participating in alcohol abuse treatment. The appellate court rejected the argument, finding that father had already received extensive treatment for his alcoholism. He had achieved a period of sobriety, but relapsed four months after reunifying with the minor. Father’s belated choice to return to treatment was no guarantee that he would achieve or maintain sobriety. Further, although the minor was happy to see his parents during supervised visits, he had lived half his life with his caregivers who provided him with a safe and loving home environment. Because the parents abused alcohol and each other, they did not demonstrate an ability to provide the minor with a stable home. There was substantial evidence supporting the juvenile court’s findings that there would be no detriment from termination of the parental relationship.