Department of Social Services v. Della H.

I dissent from section II of the majority opinion for I am particularly disturbed by the holding that the mother-daughter relationship must be terminated. As a result of this decision Laura and Tammy will permanently lose the right to see their natural mother even though there is evidence that their relationship has been a close and loving one. This relationship should not be permanently severed without some showing of adoptability.

Even a cursory glance through the statutory scheme (Civ. Code, § 232 et seq.) reveals a clear legislative intent that parental rights are not to be terminated unless there is at least some realistic possibility that the child or children will be adopted thereafter. In the present case, no evidence was presented to the trial court suggesting that either Laura or Tammy was adoptable. Indeed, the scant testimony relevant to the issue indicated they were not.

*841 There was, however, undisputed evidence of a long, caring, and nonabusive—albeit deficient—relationship between the girls and their natural mother, Della. Thus, when the superior court terminated the fundamental mother-daughter relationship, there was neither a reasonable prospect of replacing…

Della H. appeals from an order of the Superior Court of Yuba County dated January 8, 1980, declaring her three children, Stacy H., Laura F., and Tammy F.—born, respectively, in 1968, 1973 and 1975—free from her custody and control under Civil Code section 232, subdivision (a)(7). 1 The children were originally removed from Della’s care in 1976 after a series of investigations for neglect. Following dependency proceedings (Welf. & Inst. Code, § 300, subd. (a)), Stacy was placed with his paternal aunt and uncle; his younger stepsisters were placed in separate foster homes with nonrelatives. On July 25, 1979, the state initiated two proceedings under section 232, subdivision (a)(7) 2 to terminate parental rights, one involving Stacy, the other, Laura and Tammy.

After five days of hearing, with testimony from social workers, foster parents, a psychologist, Della, and Stacy’s father and uncle, the superior court entered one judgment freeing the three children from Della’s control. Pursuant to section 239, the Director of the Department of Social Services was appointed *830 guardian and the children were referred to the California Adoptive Service for placement. Della’s…