Ventura County Human Services Agency v. Frank B.

Bad Law
146 Cal. Rptr. 3d 908·2012 Cal. App. LEXIS 1001·209 Cal. App. 4th 635·2012 WL 4336244
Court of Appeal of CaliforniaSeptember 24, 2012No. B238619California3,314 words

Opinion

Lead Opinion

Yegan, J.

The adverse consequences of alcoholism are well known. People have the power to become “alcoholics” and as long as they do not victimize others, the law, generally speaking, leaves them alone. As family members will attest, there are silent victims in the wake of alcoholism. Here, one of such victims is the five-year-old son of two such people. They are deeply entrenched in alcohol as a way of, and perhaps as an end to, life. The judiciary has been tasked by the Legislature to protect children. There are many adverse consequences to alcoholism. We add one more: loss of a child through legal termination of parental rights.

*638 Frank B. (Father) and Stefanie B. (Mother) appeal from orders of the juvenile court denying Father’s request to change an order of the juvenile court pursuant to Welfare and Institutions Code section 388, 1 and terminating their parental rights to their biological son, Marcelo B., bom in February 2007. They contend the juvenile court abused its discretion when it denied the section 388 petition because Father showed changed circumstances, i.e., participation in alcohol abuse treatment. They also contend the trial court erred in terminating their…

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