In Re Hector A.

Jose A. v. Alameda County Social Services Agency

Good Law
125 Cal. App. 4th 783·23 Cal. Rptr. 3d 104
Court of Appeal of CaliforniaJanuary 7, 2005A105633, A106295California3,775 words

Opinion

Opinion

Pollak, J.

This appeal questions the standard for determining the

right of a minor to oppose a permanent plan for the adoption of his or her sibling on the ground that the adoption would substantially interfere with the sibling relationship. (Welf. & Inst. Code, § 366.26, subd. (c)(1)(E).) In In re Celine R. (2003) 31 Cal.4th 45, 54 [ 1 Cal.Rptr.3d 432 , 71 P.3d 787 ] (Celine R.), our Supreme Court held that the sibling relationship exception “permits the trial court to consider possible detriment to the child being considered for adoption, but not a sibling of that child.” Here, two minors whose four siblings have been authorized to proceed to adoption appeal from the denial of their request under section 388, subdivision (b) to be heard on the applicability of the sibling relationship exception at the permanency placement hearing. We conclude that a request to be heard under section 388, subdivision (b) should be granted if a sibling complies with section 388, subdivision (b)(1)—(4) and demonstrates a close relationship with the minor being considered for adoption, but that the trial court’s failure to grant a request to be heard in this case gave rise to no…

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