Alameda County Social Services Agency v. Cristian L.

Cristian L. appeals from an order terminating his parental rights and finding his son Brian P. likely to be adopted. Cristian contends the order is not supported by substantial evidence. We conclude a parent may challenge the sufficiency of evidence supporting a child’s adoptability, despite the parent’s failure to raise the argument below. Because substantial evidence does not support the juvenile court’s finding of adoptability, we reverse.

Background

Brian was bom in 1997. He was declared a dependent of the juvenile court on November 3, 1999. On March 2, 2001, the court terminated Brian’s mother’s reunification services and set a hearing under Welfare and Institutions Code section 366.26 1 for June 22, 2001. No services had been ordered for Cristian, because the Alameda County Social Services Agency (the Agency) had been unable to locate him and his paternity had not been established. A status review report prepared on January 10 noted: “The minor was first assessed for adoption[] on June 20, 2000 [and] at that time the minor was approved for adoptive services because of lack of parental compliance with the case plan. The minor was reassessed on 1-10-01 and found to…