Exceptions to Adoption

Juvenile court did not err in rejecting expert opinion testimony where the expert opinion was based on studies rather than the facts of the case. The juvenile court terminated the parents’ rights to M.V. in December 2021. In January 2023, the order was vacated and remanded for a supplemental bonding study and a new section 366.26 hearing. At the second 366.26 hearing, the bonding expert testified that they had observed a visit between M.V. and each of the parents, interviewed the relevant parties, and concluded that M.V. had a secure attachment with each parent and would suffer a detriment if…

The juvenile court erred when it sua sponte applied the sibling relationship exception to adoption at the section 366.26 hearing. In 2017, the minor, V., was removed at birth due to parental substance abuse. His half-sibling, N., was nine years old at the time. The siblings lived together for about four months and then had sporadic visitation thereafter. A legal guardianship was ordered for V. in 2019. In 2022, Mother filed a section 388 petition requesting placement of V. in her care as Mother had been released from prison and had full custody of N. The legal guardian filed a…

The juvenile court abused its discretion by finding the parental benefit exception applied where Minor was removed at birth and the relationship with parents was limited to monitored visitation. Minor was removed at birth due to Mother’s substance abuse and placed with a foster family. Mother and Father visited with Minor during the two-year period that preceded the permanency hearing. Minor enjoyed visits but exhibited little distress when visits concluded. The juvenile court found the parental benefit exception to the termination of parental rights applied and ordered a permanent plan of guardianship. Minor appealed and the reviewing court reversed. Preserving…

Termination of parental rights was proper, despite a loving and meaningful relationship between parent and child, where the minor expressed her desire to be adopted. The four-year-old minor was removed from her mother due to domestic violence and substance abuse. After 12 months of services, Mother continued to have positive drug tests and arrived to visitations with visible injuries. The minor said that she wanted to remain connected to Mother, but did not want to return to her custody because Mother was still in a domestic violence relationship. At the section 366.26 hearing, the juvenile court found the minor adoptable,…

It was error to treat a parent's lack of progress in addressing substance abuse and mental health issues as a categorical bar to establishing the parental benefit exception. Caden C. was removed from mother at four years old, due to mother's drug use and mental health concerns. At the Welfare and Institutions Code section 366.26 hearing, mother argued that the parental benefit exception applied and the trial court agreed, ordering that Caden remain in foster care. County counsel appealed and the Court of Appeal reversed, holding that because the parent continued to struggle with substance abuse and mental health issues…

Juvenile court's reliance on the beneficial relationship exception was an abuse of discretion. Mother's services had been terminated by the time of the permanency planning hearing in this dependency action. The 10-year-old minor was doing well in his placement and had a relationship with his caretaker. He was not displaying any mental health or behavioral issues, and the caretaker expressed a desire to adopt. The social worker opined that the minor was doing better than he had ever been. Mother's visits had been reduced to once a month, and were generally appropriate. Mother, however, continued…

Termination of parental rights reversed where minors had a substantial attachment to mother which outweighed the benefits of a plan of adoption. Mother had a substantial bond with the minors and visited them as often as she was permitted during the dependency proceedings. She spoke with them on the phone when she could not visit them. The minors had spent two years in mother's custody, followed by two years with their godparents. Although mother was denied services, she continued to participate in programs to help maintain her sobriety and make her a better parent. She…