E.C

Los Angeles County v. E.C

Bad Law
192 Cal. App. 4th 129
Court of Appeal of CaliforniaJanuary 27, 2011No. B219979; No. B223063California8,723 words

Opinion

Lead Opinion

Croskey, J.

In this dependency case (Welf. & Inst. Code, § 300 et seq.), on the eve of a hearing to terminate parental rights to the minor (Welf. & Inst. Code, § 366.26) and determine whether the child’s foster parents should be designated prospective adoptive parents (Welf. & Inst. Code, § 366.26, subd. (n)), the child’s mother (mother) filed a relinquishment of her parental rights, designating the child’s maternal aunt as the person with whom she intended the child to be placed for adoption (Fam. Code, § 8700, subd. (f)). Despite having been granted numerous opportunities to visit with the child, the aunt had failed to form a bond with the child, who was quite attached to the foster parents with whom he had spent much of his life. Nonetheless, the aunt, mother, and the Department of Children and Family Services (DCFS) sought the immediate placement of the child with the aunt, a position which brought them in conflict with the foster parents and the minor. At the hearing, the dependency court apparently believed that its hands were tied by mother’s designated relinquishment. Upon receipt of the official acknowledgement of mother’s relinquishment, the court immediately terminated the…

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