Ventura County Human Services Agency v. Frank B.
209 Cal. App. 4th 635
| Cal. Ct. App. | 2012Background
- Parents have long histories of alcohol abuse; child Marcelo lived with them prior to removal.
- June 7, 2011: Father DUI arrest; Mother ill and intoxicated; Marcelo placed in protective custody.
- Previous dependency (May 2009) found neglect and domestic violence; family reunified in Feb 2011.
- Present case detained Marcelo in foster care; court bypassed reunification services under §361.5(b)(13).
- Section 366.26 hearing: court found Marcelo adoptable; terminated parental rights; no beneficial parental relationship outweighed adoption.
- Father filed §388 petition alleging changed circumstances (treatment, sobriety efforts); petition denied without evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §388 petition denial was an abuse of discretion | Father showed changed circumstances via treatment and sobriety efforts | Court found no prima facie change and no best interests promotion | No abuse; denial affirmed |
| Whether termination of parental rights was proper without applying the beneficial relationship exception | Parents maintained regular visitation and strong bond ongoing | Bond outweighed by need for stable adoptive home | Termination proper; no compelling reason to override adoption |
| Whether the beneficial parental relationship exception was satisfied | Frequent, loving contact would cause detriment if severed | Relationship not strong enough to outweigh adoption benefits | Not met; no substantial detriment from termination |
Key Cases Cited
- In re Marilyn H., 5 Cal.4th 295 (Cal. 1993) (standards for §388 change in circumstances; burden on movant)
- In re Stephanie M., 7 Cal.4th 295 (Cal. 1994) (abuse of discretion standard in dependency appeals)
- In re Derek W., 73 Cal.App.4th 823 (Cal. App. 1999) (abuse of discretion; discretion in termination decisions)
- In re Amber M., 103 Cal.App.4th 681 (Cal. App. 2002) (beneficial relationship exception analysis; factors for weighing)
- In re Angel B., 97 Cal.App.4th 454 (Cal. App. 2002) (parental relationship exception requires detriment from termination)
- In re Aaliyah R., 136 Cal.App.4th 437 (Cal. App. 2006) (scope of beneficial relationship; required showing of detrimental impact)