In re E.L. CA3

BACKGROUND

We limit our recitation of the facts to those relevant to the resolution of the issues raised on appeal.2 For the first five months of his life, E.L. (born in September 2011) lived with his mother. His father subsequently took custody of him in February 2012 when mother was incarcerated. In April 2013, the instant case commenced when E.L. (then 19 months old) was detained from father because of father’s drug abuse and placed into foster care because both parents were incarcerated. E.L. remained in his foster home for a year. He did well there and was reported to be happy, interactive, easy to care for, and developmentally on track. In April 2014, mother gave birth to L.L. Due to the parents’ history of drug abuse, a nondetaining petition was filed against mother and father on behalf of L.L. In May 2014, E.L. was returned to his mother’s custody. The transition was reported to be uneventful and no emotional or behavior concerns were reported. The following month (June 2014), mother relapsed into drug use and both E.L. and L.L. were removed from her custody. The minors were placed together in a home identified as an adoptive foster home. Both minors were healthy, happy,…