San Francisco Department of Social Services v. Joan R.

Good Law
1990 Cal. App. LEXIS 1376·225 Cal. App. 3d 1179·276 Cal. Rptr. 183·90 Daily Journal DAR 13825·90 Cal. Daily Op. Serv. 9138
Court of Appeal of CaliforniaSeptember 13, 1990No. A047353California2,750 words

Opinion

Lead Opinion

Poché, J.

*1182 Opinion

Parents, Joan R. and David S., appeal from a judgment terminating their parental rights in their minor son, Rodrigo S., under Civil Code section 232, subdivision (a)(7).

Both parents contend on appeal there is no substantial evidence to support the court’s finding that a return of the minor to parental custody would be detrimental to him. We agree that as to the father the finding of detriment cannot be maintained which compels reversal of the judgment as to his parental rights. Joan R. also contends that the trial court failed to consider less drastic alternatives to termination of her rights, 2 and erred by adopting a statement of decision prepared by the department of social services. We affirm the judgment as to her.

Rodrigo or Roderick S. was born prematurely in a hotel room on April 15, 1983. His mother had not received any prenatal care and her son’s low birth weight, and other physical difficulties required his hospitalization for a month after his birth. In May of 1986 he was declared a dependent child. (Welf. & Inst. Code, § 300, subd. (a).) In September of that year he was placed in the home of Sharon Gutierrez in whose foster care he has remained…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.