Los Angeles County Department of Children & Family Services v. A.R.
247 Cal. App. 4th 1292
| Cal. Ct. App. | 2016Background
- Children Noah (4) and Jose (infant) removed after mother tested positive for methamphetamine at Jose’s birth; dependency petition filed under Welf. & Inst. Code § 300(b).
- Parents initially had the children in their care but failed to comply with court-ordered services (drug treatment, testing, parenting); children later placed with maternal grandmother, who became primary caregiver and expressed willingness to adopt.
- Mother visited frequently and performed caregiving tasks (morning routine, feeding, bathing, school drop-offs, homework help); visits were monitored and maternal grandmother made major medical and educational decisions.
- Mother had a history of long-term drug use, positive drug tests (March and July 2014), and repeatedly missed or refused subsequent drug tests and did not engage in court-ordered treatment.
- Reunification services terminated; at the § 366.26 hearing court found adoption likely and rejected the beneficial parent–child relationship exception, terminating parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the beneficial parent–child relationship exception (Welf. & Inst. Code § 366.26(c)(1)(B)(i)) applies | Mother: Frequent visitation, bonding, and parental caregiving show continued parental role; adoption would be detrimental | State/Dept.: Although visits frequent, grandmother is primary caregiver, mother’s role is limited and monitored; unresolved substance abuse undermines claim | Court: Exception not established; benefits of adoption with grandmother outweigh continuing parental relationship |
| Whether the court may consider mother’s failure to complete reunification services/substance treatment | Mother: Court erred by focusing on noncompliance rather than relationship quality | Dept.: Noncompliance is directly relevant because dependency arose from drug abuse and shows inability to provide stable home | Court: Mother’s noncompliance and ongoing substance issues properly weighed against exception claim |
| Whether missed drug tests may be inferred as continued drug use | Mother: No direct evidence of use after July 2014 positive test | Dept.: Repeated missed tests support inference of continued use | Court: Held it was reasonable to infer continued use from persistent failure to test (majority); concurrence would not decide scope of such an inference here |
| Standard of review for exception determination | Mother: N/A (argues error in result) | Dept.: N/A | Court: Factual existence of beneficial relationship reviewed for substantial evidence; ultimate weighing against adoption reviewed for abuse of discretion; outcome upheld under any applicable standard |
Key Cases Cited
- In re Celine R., 31 Cal.4th 45 (California Supreme Court: § 366.26 permanent-plan framework and adoption preference)
- In re Marilyn H., 5 Cal.4th 295 (California Supreme Court: § 366.26 options and purposes)
- In re G.B., 227 Cal.App.4th 1147 (parent bears burden to prove exception; must show parental role)
- In re K.P., 203 Cal.App.4th 614 (discussion of beneficial-relationship exception and standards of review)
- In re S.B., 164 Cal.App.4th 289 (extraordinary factual instance where exception applied after full compliance with case plan)
- In re Jason J., 175 Cal.App.4th 922 (limits S.B. to its facts)
- In re C.F., 193 Cal.App.4th 549 (distinguishing S.B.; continued substance abuse undermines exception)
- In re Anthony B., 239 Cal.App.4th 389 (discussion of mixed standards of review for relationship exception)