Fresno County Department of Social Services v. Leanne W.

—We are called upon to determine whether a birth parent must be advised of the availability of a kinship adoption agreement prior to termination of parental rights (Fam. Code, § 8714.7). A kinship adoption agreement allows, under certain circumstances, the adoptive parents, the birth relatives, and the child, to enter into an agreement regarding continuing contact and/or visitation between the child and designated birth relatives. The agreement is intended as a tool to promote a relative’s interest in adoption. It further seeks to expedite legal permanency for children who cannot return to their parents. Leanne W., the mother of Kimberly S., appeals, claiming error because she was not given an opportunity to enter into a kinship adoption agreement prior to termination of her parental rights. As we will discuss, the Legislature did not intend kinship adoption agreements to alter termination of parental rights. Leanne was therefore not entitled in this proceeding to notice of the availability of such an agreement. We affirm.

Facts and Proceedings

Kimberly S. was bom on September 14, 1996. On December 2, 1996, Leanne W. was arrested for being under the influence of a…