Los Angeles County Department of Children & Family Services v. Kimberly G.
203 Cal. App. 4th 614
| Cal. Ct. App. | 2012Background
- K.P. was detained shortly after birth (2008) due to drugs and firearms at the home; DCFS petitioned under W&I 300(b); juvenile court declared him dependent (2009).
- At reunification reviews, father was incarcerated; mother Kimberly G. engaged intermittently in services and had multiple disturbances with visitation and compliance.
- Kimberly G. had several missed drug tests, limited progress in addressing substance abuse, and inconsistent attendance at court-ordered programs.
- K.P. was placed with maternal great-grandparents in August 2009, where DCFS noted a strong bond and a safe, nurturing environment.
- Kimberly G. maintained regular but problematic visitation; she often arrived late, canceled, or demanded that visits follow her schedule.
- By July 2010, DCFS reported concerns about Kimberly G.’s compliance and parenting skills; Kimberly G. remained unwilling to live with the great-grandparents for reunification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the parent-child relationship exception applies. | Kimberly G. argues the relationship benefits K.P. and warrants exception. | Father joins, suggesting reversal of Kimberly G.’s rights would affect his. | No; exception not warranted; adoption favored (composite standard with abuse of discretion). |
Key Cases Cited
- In re Autumn H., 27 Cal.App.4th 567 (1994) (adoption exception standards and substantial evidence balance)
- In re Derek W., 73 Cal.App.4th 823 (1999) (clear framework for determining adoptive suitability and exceptions)
- In re Casey D., 70 Cal.App.4th 38 (1999) (parent-child relationship factors; day-to-day interactions)
- In re Jasmine D., 78 Cal.App.4th 1339 (2000) (exception rarity; deference to juvenile court's weighing of detriment vs. adoption)
- In re Beatrice M., 29 Cal.App.4th 1411 (1994) (bond assessment and termination impact on child)
- In re Bailey J., 189 Cal.App.4th 1308 (2010) (composite standard: underlying substantial evidence and abuse of discretion for adoption exception)