In re F.A.

Six days after F.A. (F.) was born exposed to methamphetamine, she was placed with Mr. and Mrs. S. (the S.s), foster parents who hoped to adopt her. Unfortunately, when F. was almost seven weeks old, the Orange County Social Services Agency (SSA) removed F. from the S.s’ care, mistakenly believing exigent circumstances required the removal, and immediately placed the baby with Mr. and Mrs. M. (the M.s), who were also foster parents who hoped to adopt her. When SSA realized its mistake and decided to re-place F. with the S.s, the M.s filed a grievance, which kept F. in the M.s’ home during the grievance process. The S.s and the M.s filed competing Welfare and Institutions Code section 388 petitions. The court ordered SSA not to remove F. from the M.s’ home pending the court’s decision on the competing petitions, and granted visitation rights to the S.s. After many continuances, the court found both couples would be excellent adoptive parents, but granted the M.s’ petition and denied the S.s’ petition, finding the M.s had a “slight edge” because the M.s had an approved adoptive home study and because the baby had flourished under the. M.s’ care for the last 100 days.

On…