In re A.M. CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 14, 2021E076368California4,869 words

Opinion

Opinion

I. INTRODUCTION

Appellants S.V. (Father) and K.B. (Mother) are the parents of two girls, A.V. and

A.M., born, respectively, in August 2011 and October 2015. The girls were adjudicated

dependents of the juvenile court, along with Mother’s third child, N., who was later

placed with his father and is not a subject of this appeal. The parents appeal from the

December 15, 2020 orders terminating their parental rights to the girls and selecting

adoption as the girls’ permanent plan. (Welf. & Inst. Code, § 366.26.)

Father claims the court violated his due process rights by terminating parental

rights without finding, based on clear and convincing evidence, that he was an “unfit”

parent or that placing the girls in his care would be detrimental to them. He claims the

court terminated his parental rights based solely on his poverty, specifically his inability

to obtain suitable housing for the girls. The record does not support this claim.

Father obtained suitable housing for the girls several months before the

section 366.26 hearing. The court expressly stated that it was terminating parental rights

based on Father’s failure to protect the girls, not based on his poverty.…

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