San Francisco Human Servs. Agency v. Christine C. (In re Caden C.)

Bad Law
245 Cal. Rptr. 3d 797·34 Cal. App. 5th 87
Court of Appeal of CaliforniaApril 9, 2019A153925; A154042California11,937 words

Opinion

Lead Opinion

Sanchez, J.

*91 We are familiar with this dependency proceeding, having previously reviewed and upheld several prior court orders in the matter, including the juvenile court's decision to set a permanency planning hearing pursuant to section 366.26 of the Welfare and Institutions Code 1 for then seven-year-old Caden C. ( C.C. v. Superior Court (Aug. 28, 2017, A151400 [nonpub. opn.].) 2017 WL 3700807 At the permanency planning hearing in early 2018, the juvenile court determined that Christine C. (mother) had established a beneficial relationship with Caden under section 366.26, subdivision (c)(1)(B)(i), sufficient to justify a permanent plan of long-term foster care rather than the statutorily preferred plan of adoption. Both Caden and the San Francisco Human Services Agency (Agency) appeal the court's application of the beneficial relationship exception and decision to forgo termination of parental rights. Having consolidated and considered the two appeals, we *92 conclude the juvenile court's reliance on the beneficial relationship exception in this case was an abuse of discretion under the applicable legal standard. We therefore reverse.

I. BACKGROUND

A. Mother's Prior Child Welfare…

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