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Name: In re Valerie W.
Case #: D051056
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/21/2008
Summary

Reversal is required for inadequate adoptability assessment. Parents contended on appeal from the termination of their parental rights that there was insufficient evidence to support the court’s adoptability finding. Subsequent to the filing of the appeal, minors’ counsel asserted that the adoptability of the minors was in doubt because the caregivers, Vera and her adult daughter Juana, sought to jointly adopt the children. The appellate court reversed the order terminating parental rights because the finding of adoptability was not supported by substantial evidence. The adoption assessment failed to consider whether Juana was qualified to adopt the minors, whether Vera was willing to adopt as a single parent should Juana not be eligible to adopt, and whether there was a legal impediment to the proposed joint adoption. Further, the adoption assessment was deficient enough concerning one of the minors’ health issues to undermine the court’s finding of adoptability.