RITA L. v. Superior Court

In this dependency case, Rita L. petitions this court for relief from the juvenile court’s order terminating reunification services for herself and her son, Blaine R, and scheduling a hearing to consider termination of parental rights. The trial court reached its decision only reluctantly—after noting Rita had performed “so outstandingly” during her reunification period—because of her last-minute stumble in the effort to remain drug free. The court also considered the fact “a very troublesome case as [Blaine] likes [his] caretaker very much.”

We conclude the juvenile court erred in terminating the reunification services. Rita’s transgression—ingesting a Tylenol with codeine prescribed for her adult daughter while suffering in bed with a headache—was quite minor, did not escalate into any more significant drug use, and did not indicate Blaine would have been in any danger even had he been in Rita’s custody at the time. More importantly, the record demonstrates the court improperly considered the quality of Blaine’s relationship with his foster parents in reaching its difficult decision, tainting its decision. Finally, it appears the court inadvertently interfered with the…