San Diego County Health & Human Services Agency v. Angela G.
203 Cal. App. 4th 580
| Cal. Ct. App. | 2012Background
- Angela G. and Erick O. appeal orders terminating parental rights under W&I Code §366.26 regarding Michael.
- The juvenile court found Michael likely to be adopted within a reasonable time if rights were terminated.
- The parents argued the adoption assessment was inadequate and sought a continuance for updated therapist report and psych evaluation results.
- The court denied the continuance but found adoptability supported by other evidence, including teacher and caregiver input.
- The court found no applicable exceptions to termination, and Angela’s claim of a beneficial parent-child relationship was rejected as frivolous.
- Petitions for rehearing were denied; appellate review affirmed the orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the adoptability finding is supported by substantial evidence | G. argues the assessment was inadequate | Agency contends assessment adequate and evidence supports adoptability | Adoptability supported despite deficiencies |
| Whether the court should have continued the hearing for updated evaluations | G. seeks continuance for psych eval and therapist report | Court did not err in denying continuance | Error in not continuing deemed harmless given other evidence |
| Whether sibling relationship exception applies | G. asserts siblings’ ongoing relationship favors keeping rights | Court properly rejected exception | Exception not applicable; termination not detrimental |
| Whether beneficial parent-child relationship exception applies | G.'s claimed beneficial relationship should override adoption preference | Evidence shows no substantial positive attachment | Exception not applicable; adoption preferred |
| Standard of review and deference to trial court on disputed facts | Appellants challenge factual findings | Appellate court defers to trier of fact | Court affirmed relying on substantial evidence; no reweighing of credibility |
Key Cases Cited
- In re Valerie W., 162 Cal.App.4th 1 (Cal.App.4th 2008) (adequacy of assessment report and need for current information)
- In re Jerome D., 84 Cal.App.4th 1200 (Cal.App.4th 2000) (adoptability evidence deficiencies examined)
- In re B.D., 159 Cal.App.4th 1218 (Cal.App.4th 2008) (postjudgment evidence considered in complex cases)
- In re Zeth S., 31 Cal.4th 396 (Cal.4th 2003) (defining adoptability and standard of review)
- In re Autumn H., 27 Cal.App.4th 567 (Cal.App.4th 1994) (beneficial parent-child relationship as an exception)
- In re Asia L., 107 Cal.App.4th 498 (Cal.App.4th 2003) (adoptive potential and willingness of prospective adoptive parents)
- Bickel v. City of Piedmont, 16 Cal.4th 1040 (Cal. 1997) (clarifying appellate review of factual disputes)
- In re Casey D., 70 Cal.App.4th 38 (Cal.App.4th 1999) (substantial evidence review guidance)