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Name: In re D.O.
Case #: D069105
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/03/2016

Juvenile court did not err in finding sibling relationship exception was inapplicable. Mother's rights to D.O, age one, were terminated following a dependency proceeding. Mother had three older children by another father. On appeal, mother and the siblings jointly contended that the juvenile court erred by finding the sibling relationship exception to adoption did not apply. (Welf. & Inst. Code, § 366.26, subd. (c)(1)(B)(v).) They argued that the trial court erred when determining whether there would be substantial interference with D.O.'s sibling relationships by improperly considering the caregivers' "unenforceable commitment to continue sibling visits," instead of considering the statutory factors.…

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Name: In re Anthony B.
Case #: D067577
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/12/2015

Juvenile court properly found that beneficial relationship exception did not apply where father had sporadic visits and did not have any prospects of providing a home for the minor within a reasonable time. Following termination of his parental rights pursuant to section 366.26, father appealed, contending that the court erred in finding that the parent-child beneficial relationship exception was inapplicable. The appellate court rejected the argument and affirmed. The court applied the substantial evidence standard of review to the factual issue of the existence of a beneficial parental relationship, and the abuse of discretion standard to the determination…

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Name: In re I.R.
Case #: C075240
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/14/2014

The juvenile court must choose between statutory options for permanent placement and may not create a "hybrid" plan combining alternatives. The minors here appealed from the juvenile court orders placing them in long-term foster care after finding both the parental beneficial relationship and sibling exceptions applied. The court ordered the long-term foster care plan "for the present time" and set a new 366.26 hearing in six months. The court stated that it wanted to see what happened on an infant sibling's case. On appeal, the minors contended that the court exceeded its jurisdiction in making this order. The appellate…

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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…

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Name: In re K.P.
Case #: B234948
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/15/2012

Juvenile court properly declined to apply a parent-child exception to adoption because the bond between mother and child was insufficient. Parents appealed the termination of parental rights, arguing that the juvenile court erred by failing to apply the parent-child relationship exception to adoption. The appellate court rejected the argument and affirmed. The evidence supported a determination that mother did maintain regular visitation and contact with the minor and had a "healthy" bond with him. However, the minor had been removed when he was one month old, and mother never progressed beyond monitored visitation. While visits between mother…

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Name: In re Michael G.
Case #: D060107
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/14/2012

Juvenile court properly terminated parental rights where sufficient evidence supported the conclusion that the minor was adoptable and no evidence supported an exception to adoption. On appeal from parental rights termination, parents argued that the Department's adoption assessment report was inadequate and that the court should have granted a brief continuance to allow the social worker time to receive updated reports concerning the minor and to further assess his adoptability in that context. The appellate court found that it was error not to have ordered a brief continuance, but that the error was harmless in light of other information supporting…

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Name: In re K.H.
Case #: F062295
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/30/2011

The juvenile court properly applied an exception to adoption for relatives unwilling to adopt where relatives preferred guardianship and wished to remain the minors' grandparents. Minors appealed the court's order designating legal guardianship with their grandparents as their permanent placement. The juvenile court found an exception to adoption under section 366.26 (c)(1)(A) which governs a child living with a relative who is unable or unwilling to adopt the child. Minors contended on appeal that the juvenile court erred in applying the exception because it was required to find the relative caregiver's inability or unwillingness to adopt was due to "appropriate…

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