In Re Micah S.

Santa Clara County Department of Social Services v. Gloria S.

Good Law
198 Cal. App. 3d 557·1988 Cal. App. LEXIS 92·243 Cal. Rptr. 756
Court of Appeal of CaliforniaFebruary 10, 1988Docket Nos. H002148, H001790California8,789 words

Opinion

Lead Opinion

Agliano, J.

Gloria and Michael S. appeal a juvenile court order continuing their son, Micah, 1 as a dependent child and an order and judgment terminating their parental rights. We consolidated the two appeals for review and disposition. Appellants contend that the court failed to make a finding that termination was the least detrimental available alternative and that the reunification services offered them were inadequate. They also *560 challenge the sufficiency of the evidence supporting termination and, last, allege that delays in the termination proceedings deprived them of due process. We find no error and affirm.

Micah was placed in protective custody at the age of seven weeks, on January 4, 1984, when appellants had no suitable place to live. On January 6 he was placed with foster parents who wish to adopt him. What appears to have been a combined jurisdictional and dispositional hearing was held on January 23, 1984, at which Micah was adjudged a dependent child under Welfare and Institutions Code section 300, subdivision (a) and continued in foster care. On March 27 appellants signed a reunification plan which called for them to visit Micah regularly, to complete a parenting…

Concurring Opinion

Brauer, J.

I join in the decision and the opinion of the court. I write separately, however, to draw the attention of higher authority, legislative and judicial, to serious problems which I believe to be unique to this area.

First, the factual context. This court sees what strikes me as a disproportionately large number of Civil Code section 232 (herein 232) cases. The appeals have one thing in common: their total lack of substance. It is true that colorable technical grounds are occasionally raised: advice to a parent of possible consequences was perfunctory, reunification services offered could have been more elaborate, and so on. When I refer to lack of substance, I speak of the merits. Here the issue has never been close. In every instance, the best interest of the child compelled the severance of parental ties. In no case in which independent counsel was appointed for the child did his investigation lead him to support the parents’ cause. Micah S. is typical, and I use that word advisedly. Who but a sadist could possibly contemplate the return of this child to these parents? And that conclusion is not altered by the fact that for once the parents are more unfortunate than…

Opinion

Gary V. Crooks and Judy D. Goldman, under appointments by the Court of Appeal, Susan Myers and Goldman & Goldman, for Objectors and Appellants and Defendants and Appellants.

Donald L. Clark, County Counsel, and Diane L. Bennett, Deputy County Counsel, for Petitioner and Respondent and Plaintiff and Respondent.

OPINION

AGLIANO, P.J.

Gloria and Michael S. appeal a juvenile court order continuing their son, Micah, [1] as a dependent child and an order and judgment terminating their parental rights. We consolidated the two appeals for review and disposition. Appellants contend that the court failed to make a finding that termination was the least detrimental available alternative and that the reunification services offered them were inadequate. They also challenge the sufficiency of the evidence supporting termination and, last, allege that delays in the termination proceedings deprived them of due process. We find no error and affirm.

Micah was placed in protective custody at the age of seven weeks, on January 4, 1984, when appellants had no suitable place to live. On January 6 he was placed with foster parents who wish to adopt him. What appears to have been a combined…

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