In re S.W. CA3

Good Law
Court of Appeal of CaliforniaMay 30, 2024C100233California1,357 words

Opinion

Opinion

Mesiwala, J.

DISCUSSION

Mother contends the juvenile court’s finding that the minors are adoptable is not supported by substantial evidence. We reject her contention.

2 “A finding of adoptability requires ‘clear and convincing evidence of the likelihood that adoption will be realized within a reasonable time.’ (In re Zeth S. [2003] 31 Cal.4th [396,] 406.)” (In re Valerie W. (2008) 162 Cal.App.4th 1, 13.) “The question of adoptability usually focuses on whether the child’s age, physical condition[,] and emotional health make it difficult to find a person willing to adopt that child.” (In re B.D. (2008) 159 Cal.App.4th 1218, 1231.) It is not necessary that the child already be placed in a preadoptive home, or that a proposed adoptive parent be waiting, to find a child adoptable, but the fact that a prospective adoptive family is willing to adopt the minor is evidence that the minor is likely to be adopted by that family or some other family in a reasonable time. (In re Brian P. (2002) 99 Cal.App.4th 616, 624; In re Lukas B. (2000) 79 Cal.App.4th 1145, 1154.) It is evidence that the minor’s age, physical condition, mental state, and other matters relating to the child are not likely to dissuade…

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