Janice M. v. Misty F.
201 Cal. App. 4th 1518
Cal. Ct. App.2011Background
- Parents Misty F. and Jesse M. are Myah M.'s biological parents; in 2006 the probate court granted letters of guardianship to paternal grandmother Janice M. and paternal grandfather Anthony M. via stipulation and mediation.
- In 2010 paternal grandparents filed to adopt Myah and terminate parental rights under Probate Code section 1516.5; court held termination was in Myah's best interests.
- Myah lived with paternal grandparents since 2006; parents had histories of drug use, domestic violence, and criminal conduct; visitation was supervised and inconsistent.
- The court found guardianship had provided a stable home for four years; parents acknowledged inability to provide stable care; Myah bonded with guardians and had some bond with parents.
- The court consolidated guardianship and adoption proceedings; ultimately terminated parental rights and allowed guardians to adopt under Probate Code 1516.5; both parents appealed.
- The appellate court upheld without finding unfitness, distinguishing this case from Christian and emphasizing mediation, voluntary guardianship, and the best-interests balancing under 1516.5.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2006 guardianship order was properly before appeal | Mother and father contend 2006 order violated due process; rely on Christian to require CFS referral | Guardian grandparents assert mediation and consent negate CFS referral need | Guardian order not reviewable on appeal; no timely challenge; court lacked jurisdiction over 2006 order |
| Whether failure to refer to CFS violated due process | Parents claim due process violated due to lack of CFS investigation | Guardians argue no referral necessary after mediation and consent | No referral necessary when guardianship is consented to after mediation; due process not violated |
| Whether Probate Code 1513( c ) referral duty applies when guardianship is based on a stipulation after mediation | Christian requires referral if parental unfitness alleged | Stipulated guardianship after mediation suffices without referral | Referral not required where guardianship is stipulated after mediation and parents consent |
| Whether termination under 1516.5 requires a finding of unfitness | Parent argues unfitness must be established prior to termination | Ann S. and Charlotte D. permit termination on best interests without unfitness findings in guardianship context | No unfitness finding required; 1516.5 permits termination if child’s best interests are served and two-year guardianship exists |
| Whether there is substantial evidence that adoption by guardians is in Myah's best interests | Parents bond with Myah; adoption would disrupt stability | Guardians provide stable home; parents have ongoing but inconsistent contact; Myah’s best interests favor adoption | Substantial evidence supports adoption; best-interests balancing favors guardians' adoption over parental rights |
Key Cases Cited
- Christian G. v. Superior Court, 195 Cal.App.4th 581 (Cal. Ct. App. 2011) (referral to CFS required when allegations of unfitness arise in guardianship; distinguishes contested from stipulation-based cases)
- Ann S. v. Superior Court, 45 Cal.4th 1110 (Cal. 2009) (probate guardianship 1516.5 generally does not require unfitness finding; contemplates exceptional circumstances)
- Charlotte D. v. Superior Court, 45 Cal.4th 1140 (Cal. 2009) (parental commitment and relinquishment of rights in guardianship; evaluates commitment to responsibilities)
- In re Amber M., 103 Cal.App.4th 681 (Cal. Ct. App. 2002) (analysis of substantial evidence and exceptions under dependency context; distinguishable from probate guardianship)
- Guardianship of H.C., 198 Cal.App.4th 1235 (Cal. Ct. App. 2011) (investigations and referral requirements; comparison to Christian situation)
- Guardianship of L.V., 136 Cal.App.4th 481 (Cal. Ct. App. 2006) (best interests standard in guardianship; not automatic reversal for lack of current custody capability)