In re C.C. CA4/1
D078604
| Cal. Ct. App. | Jul 27, 2021Background:
- C.C. born July 2018 tested positive for methamphetamine; hospital treated poor feeding and decreased activity; mother left hospital early and denied substance problems.
- San Diego HHSA filed a section 300 petition; C.C. was detained and reunification services were ordered; mother had periods of compliance but multiple meth-positive and diluted tests during the case.
- Mother had regular supervised (later unsupervised/overnight trial) visits, but a June–July 2019 relapse led to suspension of a trial visit and continued supervised visitation.
- C.C. was placed with foster parents (the Cs.), later moved to maternal aunt in Idaho; the Cs. were de facto parents briefly; the aunt became the permanent caregiver through ICPC placement.
- At the contested section 366.26 hearing (trial on documents), the juvenile court found C.C. likely adoptable, concluded the beneficial parent-child relationship exception did not apply, terminated parental rights, and selected adoption; mother appealed.
- Parties submitted supplemental briefs addressing In re Caden C. (2021) 11 Cal.5th 614; the Court of Appeal affirmed termination.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the beneficial parent-child relationship exception (§ 366.26(c)(1)(B)(i)) applies | Mother visited but did not show the required substantial, positive attachment or that termination would be detrimental; adoption benefits outweigh any loss | Mother had consistent visitation and a positive relationship; exception should prevent termination | Court: Mother proved regular visits but failed to show a beneficial attachment or that termination would harm C.C.; exception does not apply; substantial evidence supports the ruling |
| Whether the juvenile court should order legal guardianship rather than adoption | Adoption is the statutory preference absent an applicable exception; guardianship is inappropriate here | Guardianship would preserve C.C.'s stability with aunt while maintaining mother's relationship | Court: Because the parent-child exception fails, adoption is the appropriate permanent plan and guardianship was not required |
Key Cases Cited
- In re Caden C., 11 Cal.5th 614 (clarified standards for parent-child relationship exception and burden of proof)
- In re Autumn H., 27 Cal.App.4th 567 (factors for assessing parent-child attachment)
- In re Fernando M., 138 Cal.App.4th 529 (adoption preferred absent enumerated exception)
- In re Breanna S., 8 Cal.App.5th 636 (standards for appellate review of parental burden of proof)
- In re I.W., 180 Cal.App.4th 1517 (test for when evidence compels a finding as a matter of law)
- Conservatorship of O.B., 9 Cal.5th 989 (noting limits on reliance for disapproved propositions)
- In re S.B., 164 Cal.App.4th 289 (parent may be more than a daily caregiver; facts can support exception)
- In re Angel B., 97 Cal.App.4th 454 (young children may not understand biological parenthood)
- In re Luke M., 107 Cal.App.4th 1412 (social workers as frequent experts in permanency planning)
- In re Beatrice M., 29 Cal.App.4th 1411 (adoption proper when parent-child exception not met)