San Diego Health & Human Services Agency v. Greg W.

Greg W. and S.W. appeal judgments terminating parental rights to their minor children, Valerie W. and Gregory W. (together, the children), under Welfare and Institutions Code section 366.26. 1

On appeal, Greg and S.W. assert the court erred in terminating their parental rights because (1) there is no substantial evidence to support the court’s adoptability finding; and (2) the court failed to apply the sibling relationship exception. Subsequent to the filing of the appeal, appellate counsel for the minors (minors’ counsel) asserted the viability of the “joint adoption” by the children’s caregivers was in doubt. This court has been informed on appeal that the children’s caregivers, Vera V, and her adult daughter, Juana R, seek to jointly adopt the children. Minors’ counsel also filed a motion asking this court to take additional evidence on this issue, which we ordered considered with the appeal.

We conclude the order terminating parental rights must be reversed because the finding of adoptability was not supported by substantial evidence. The assessment report prepared by the San Diego County Health and Human Services Agency (Agency) for the children was inadequate and…