In re R.T.

Alameda County Social Services Agency v. Paula T.

Good Law
182 Cal. Rptr. 3d 338·2015 Cal. App. LEXIS 14·232 Cal. App. 4th 1284
Court of Appeal of CaliforniaJanuary 9, 2015A140144; A140781California8,123 words

Opinion

Opinion

Pollak, J.

Before the court are appeals from proceedings in which the social services agency and the juvenile court disregarded the statutory mandate that preference in the placement of a child removed from the custody of his parents be given to qualified family relatives. Not only was this statutory mandate disregarded, but the parents were denied their right to relinquish the child for adoption by relatives without an appropriate assessment of whether relative adoption was in the child’s best interest. Although removal of the child and the parents’ attempt to place him with a relative began shortly after the child’s birth, the proceedings were permitted to extend to the point that the child is now almost two and one-half years of age. The errors reflected in this record compel this court to remand for further proceedings conducted under proper standards, although effective redress may or may not be possible given the passage of time spent with other caretakers and the child’s current best interest. We leave that difficult determination for consideration by the juvenile court on remand.

I. Statement of Facts

Paula T. (mother) and David D. (father) appeal from an order terminating…

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