Stanislaus County Department of Social Services v. Carmen S.

In this action we are called upon to determine whether, before severance of the parent-child relationship pursuant to Civil Code 1 section 232, a developmentally disabled natural parent is entitled to services which are responsive to the family’s special needs in light of the parent’s particular disabilities. In addition to other issues we will discuss, we will hold that before the parental rights of a developmentally disabled parent can be properly terminated the record must establish by clear and convincing evidence that services specially designed to meet the needs of the developmentally disabled have been explored and that, despite the availability of such services, it is in the best interest of the children to be declared free for adoption.

Statement of the Case

Carmen S. appeals from a judgment pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7), declaring her three children, Victoria, born May 12, 1978, Eufemio, born December 4, 1979, and Aline, born January 18, 1982, free from her custody and control.

*1321 The Stanislaus County Department of Social Services (DSS) took the three children into protective custody on February 24, 1986, and filed…