gno.law

In re Isaac J. CA4/1

California Court of Appeal · D064730 · 2014-05-14 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. NJ11945B-C
Trial judge
Cynthia Bashant
Outcome
affirmed — Affirmed.
Area
dependency
Panel
Gilbert Nares (author), Richard D. Huffman, Sr., O'Rourke

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T06:41Z · confidence high

The juvenile court terminated the parental rights of N.J. and Anthony C., finding the children adoptable and that the beneficial relationship exception did not apply. The Court of Appeal affirmed the judgment, holding that substantial evidence supported the adoptability finding and that the children's need for stability outweighed their relationship with the parents.

Ruling reviewedStandardThe courtThe model
Adoptability finding based on children's wishes and understanding
“Construing the record in the light most favorable to the judgment (In re Josue G. (2003) 106 Cal.App.4th 725, 732), substantial evidence supports the adoptability finding (In re Lukas B. (2000) 79 Cal.App.4th 1145, 1154).”
substantial evidencecorrectagree with court
agree with court
Denial of the beneficial relationship exception to termination of parental rights
“Examining the evidence in the light most favorable to the judgment (ibid.), we conclude substantial evidence supports the court's conclusions that although N.J. visited regularly, the children's best interest and need for stability outweighed "whatever relationship" they had with her.”
substantial evidencecorrectagree with court
agree with court

Authorities

  • relied: In re Amber M. (2002) 103 Cal.App.4th 681 — A direct statement from the child is not required where contrary to the child's best interest, and there is disagreement on whether wishes must reflect awareness of termination.
  • relied: In re Jesse B. (1992) 8 Cal.App.4th 845 — In the absence of evidence to the contrary, it must be assumed that the child's counsel complied with the mandate to interview the child and determine their wishes.
  • relied: In re Josue G. (2003) 106 Cal.App.4th 725 — The record must be construed in the light most favorable to the judgment.
  • relied: In re Lukas B. (2000) 79 Cal.App.4th 1145 — Substantial evidence supports the adoptability finding.
  • relied: In re Helen W. (2007) 150 Cal.App.4th 71 — If a dependent child is adoptable, the court must terminate parental rights unless the parent proves the existence of a statutory exception.
  • relied: In re Autumn H. (1994) 27 Cal.App.4th 567 — A beneficial relationship promotes the well-being of the child to such a degree as to outweigh the well-being the child would gain in a permanent home with new, adoptive parents.

The appellate opinion: sound — The opinion correctly applies the substantial evidence standard to both the adoptability and beneficial relationship findings. It properly relies on established case law regarding the presumption of compliance by counsel and the definition of the beneficial relationship exception.

How this analysis was made · dispute it

unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:31Z · confidence low

The juvenile court found Isaac J. and Asia C. adoptable, declined to apply the beneficial parent-child relationship exception under Welfare and Institutions Code section 366.26, subdivision (c)(1)(B)(i), and terminated the parental rights of mother N.J. (and Asia's father Anthony C., who joined her arguments). The Court of Appeal held substantial evidence supported both the adoptability finding, including the evidence of the children's wishes, and the refusal to apply the exception, and affirmed the judgment.

Ruling reviewedStandardThe courtThe model
Adoptability finding, challenged on the ground that the record contained insufficient evidence of the children's wishes and understanding of adoption (§ 366.26, subd. (h)(1); § 366.21, subd. (i)(1)(E))
“Construing the record in the light most favorable to the judgment (In re Josue G. (2003) 106 Cal.App.4th 725, 732), substantial evidence supports the adoptability finding (In re Lukas B. (2000) 79 Cal.App.4th 1145, 1154).”
substantial evidencecorrectagree with court
The court sidestepped the Diana G./Leo M. split by assuming the stricter view and still finding the record sufficient: the social worker's interviews, the foster parent's report that Isaac wanted to be adopted, the therapist's report that Isaac understood adoption, and counsel's statement that Asia consistently wished to be adopted. Under the deferential standard, and given the presumption from In re Jesse B. that minors' counsel complied with section 317, subdivision (e), the result is supportable. The reliance on counsel's closing argument as a source of the children's wishes is soft, since argument is not evidence, but the other evidence independently suffices.
Refusal to apply the beneficial parent-child relationship exception to termination of parental rights (§ 366.26, subd. (c)(1)(B)(i)) and rejection of guardianship as the permanent plan
“The court did not err by declining to apply the beneficial relationship exception.”
substantial evidencecorrectagree with court
The court correctly placed the burden on the parent (Helen W.) and applied the Autumn H. factors: the children had spent only about eight months of a two-year case in N.J.'s care, showed an anxious bond and little emotion at the end of visits, felt more secure with the foster parent, and expressed a wish to be adopted. Although regular visitation was conceded, the record supports the finding that the relationship did not outweigh the benefits of adoption. The court did not acknowledge the then-existing split over whether review is for substantial evidence or abuse of discretion, but the result would be the same under either standard.

Authorities

  • relied: In re Autumn H. (1994) 27 Cal.App.4th 567 — The beneficial relationship exception applies only where the parent-child relationship promotes the child's well-being to such a degree as to outweigh the benefits of an adoptive home; factors include the child's age, time in parental custody, quality of interaction, and the child's needs; reviewed for substantial evidence.
  • relied: In re Helen W. (2007) 150 Cal.App.4th 71 — Adoption is the preferred permanent plan; if the child is adoptable the court must terminate parental rights unless the parent proves a statutory exception.
  • relied: In re Amber M. (2002) 103 Cal.App.4th 681 — A direct statement of the child's wishes about adoption is not required where it would be contrary to the child's best interest; notes the split over whether the child must be aware termination of parental rights is at issue.
  • relied: In re Leo M. (1993) 19 Cal.App.4th 1583 — Evidence of the child's wishes need not come from a direct statement about termination of parental rights when such questioning would be contrary to the child's best interest.
  • relied: In re Diana G. (1992) 10 Cal.App.4th 1468 — Cited for the view that evidence of the child's wishes should reflect awareness that termination of parental rights is at issue.
  • relied: In re Jesse B. (1992) 8 Cal.App.4th 845 — Absent contrary evidence, a reviewing court assumes the child's counsel complied with the statutory duty to interview the child and advise the court of the child's wishes.
  • relied: In re Josue G. (2003) 106 Cal.App.4th 725 — On appeal the record is construed in the light most favorable to the judgment.
  • relied: In re Lukas B. (2000) 79 Cal.App.4th 1145 — An adoptability finding is reviewed for substantial evidence.

The appellate opinion: sound with gaps — The opinion answers both contentions with the governing statutes and the standard dependency authorities, assumes the parent's stricter view of the child-wishes requirement and still finds the record sufficient, and applies the Autumn H. factors to facts that plainly support the juvenile court. It skips the then-unsettled question of the standard of review for the exception and leans in part on counsel's closing argument as a source of the children's wishes, but neither gap affects the outcome.

How this analysis was made · dispute it

Opinion

Filed 5/14/14 In re Isaac J. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re ISAAC J., Persons Coming Under the Juvenile Court Law. D064730 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. NJ11945B-C) Plaintiff and Respondent, v. N.J. et al., Defendants and Appellants.

APPEAL from a judgment of the Superior Court of San Diego County, Cynthia Bashant, Judge. Affirmed.

Neil R. Trop, under appointment by the Court of Appeal for Defendant and Appellant, N.J.

Kathleen Murphy Mallinger, under appointment by the Court of Appeal for Defendant and Appellant, A.C. Thomas E. Montgomery, County Counsel, John E. Philips, Chief Deputy County Counsel, and Georgia A. Gebhardt, Deputy County Counsel, for Plaintiff and Respondent.

N.J. appeals the termination of her parental rights to her son Isaac J. and daughter Asia C. (together, the children). N.J. contends the juvenile court erred by declining to apply the beneficial relationship exception (Welf. & Inst. Code,1 § 366.26, subd.

(c)(1)(B)(i)) to termination and there is insufficient evidence of the children's wishes and understanding of adoption to support the adoptability finding. Asia's father, Anthony C.

also appeals; he joins in N.J.'s contentions regarding Asia. We affirm.

BACKGROUND

In December 2010, the San Diego County Health and Human Services Agency (the Agency) filed dependency petitions for five-year-old Isaac and two-year-old Asia.

The petitions alleged the children were exposed to violent confrontations among N.J., Anthony and other adults. The children were detained in Polinsky Children's Center then moved to a foster home. In February 2011, the court made true findings on the petitions, ordered the children placed in foster care and ordered reunification services. In May, the children were moved to a new foster home. In December, they were detained in Polinsky Children's Center because their foster home was being investigated, then moved to a third foster home. In April 2012, the children were placed with N.J.

1 All further statutory references are to the Welfare and Institutions Code.

2 In December 2012, the Agency filed supplemental petitions (§ 387) alleging N.J.

had a verbal altercation with a roommate, then left the children with the roommate, knowing the roommate was unable and unwilling to care for the children. Additionally, N.J. expressed thoughts of suicide and her own inability to care for the children. The children were detained in Polinsky Children's Center. In January 2013, they were moved to a concurrent foster home. In February, the court made true findings on the supplemental petitions, terminated reunification services and set a section 366.26 hearing.

In October, the court terminated parental rights.

ADOPTABILITY

The Agency's "assessment . . . shall include . . . : [¶] . . . [¶] . . . a statement from the child concerning . . . adoption . . . , unless the child's age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition." (§ 366.21, subd. (i)(1)(E).) At the section 366.26 hearing, "the court shall consider the wishes of the child and shall act in the best interests of the child." (§ 366.26, subd. (h)(1).) "While there is some disagreement whether evidence of the child's wishes must reflect his or her awareness that termination of parental rights is at issue (compare In re Diana G. (1992) 10 Cal.App.4th 1468, 1480 with In re Leo M. (1993)

19 Cal.App.4th 1583, 1592-1593), it is clear that a direct statement from the child is not required where this is contrary to the child's best interest ([Leo M.], at p. 1592)." (In re Amber M. (2002) 103 Cal.App.4th 681, 687, parallel citations omitted.)

In June 2013, the social worker spoke with seven-year-old Isaac and five-year-old Asia. Neither child had expressed an understanding of the word "adoption." The social 3 worker explained to Isaac "that adoption meant living with the caregiver as a part of her family until he grows up," and asked "if this was what he would like." Isaac said, "I don't know." Isaac also said "that he did not want to live anywhere else, especially until next year, as he said that he was looking forward to some future field trips at school." The social worker explained to Asia "that adoption meant living with the caregiver forever, and asked her whether this is what she wanted . . . ." Asia said, "Yes." N.J. contends the social worker's explanations did not inform the children that adoption would terminate their relationship with N.J.; the explanations also describe guardianship and long term foster care; and the social worker did not discuss the option of guardianship with the children. N.J. concludes that the children's responses shed no light on their feelings about adoption.

Assuming, without deciding, that "evidence of the child[ren]'s wishes must reflect [their] awareness that termination of parental rights is at issue" (In re Amber M., supra, 103 Cal.App.4th at p. 687), the social worker was not the only source of information available to the children. The children's trial counsel had a duty to interview them, determine their wishes and advise the court of those wishes. (§ 317, subd. (e)(2).) "We must assume in the absence of . . . evidence to the contrary that [the children]'s counsel complied with the code's mandate . . . ." (In re Jesse B. (1992) 8 Cal.App.4th 845, 853.)

In closing argument, the children's counsel stated that since June 2013 Asia had been "pretty consistent" in her statements that she wished to be adopted. The foster parent reported that Isaac had told her that he wished to be adopted, and Isaac's therapist reported that Isaac knew the meaning of adoption.

4 Construing the record in the light most favorable to the judgment (In re Josue G.

(2003) 106 Cal.App.4th 725, 732), substantial evidence supports the adoptability finding (In re Lukas B. (2000) 79 Cal.App.4th 1145, 1154).

THE BENEFICIAL RELATIONSHIP EXCEPTION

If a dependent child is adoptable, the court must terminate parental rights at the section 366.26 hearing unless the parent proves the existence of a statutory exception.

(§ 366.26, subd. (c)(1); In re Helen W. (2007) 150 Cal.App.4th 71, 80-81.) An exception exists if a parent has "maintained regular visitation and contact with the child and the child would benefit from continuing the relationship." (§ 366.26, subd. (c)(1)(B)(i).) A beneficial relationship "promotes the well-being of the child to such a degree as to outweigh the well-being the child would gain in a permanent home with new, adoptive parents." (In re Autumn H. (1994) 27 Cal.App.4th 567, 575.) If terminating parental rights "would deprive the child of a substantial, positive emotional attachment such that the child would be greatly harmed, the preference for adoption is overcome . . . ." (Ibid.)

The existence of a beneficial relationship is determined by factors such as "[t]he age of the child, the portion of the child's life spent in the parent's custody, the 'positive' or 'negative' effect of interaction between parent and child, and the child's particular needs . . . ." (Id. at p. 576.) Examining the evidence in the light most favorable to the judgment (ibid.), we conclude substantial evidence supports the court's conclusions that although N.J. visited regularly, the children's best interest and need for stability outweighed "whatever relationship" they had with her.

5 In November 2009, before this case began, the children were detained in Polinsky Children's Center for a couple of days after N.J. was arrested for domestic violence. This case lasted for nearly two years, during which time the children were in N.J.'s care for approximately eight months. At the time of the section 366.26 hearing, eight-year-old Isaac and five-year-old Asia had not lived with N.J. for approximately 10 months and had lived with their foster parent for approximately 10 months. The foster parent wished to adopt the children.

N.J.'s visitation with the children was generally positive, although she was sometimes inappropriate. The children had a bond with her. Unsurprisingly, the bond was an anxious one; in N.J.'s care, the children had been exposed repeatedly to violence, substance abuse and homelessness. The children enjoyed visits, but sometimes appeared ambivalent about or indifferent to contact with N.J. The children showed little or no emotion toward N.J. when visits ended and avoided her attempts to elicit signs of affection.

The children felt more secure with their foster parent than they did with N.J. The children were happy in the foster home and wished to remain there and be adopted. Of her own accord, Asia sometimes called the foster parent "mom." Isaac, who was generally reserved, had become warmer and more expressive with the foster parent.

Isaac liked the structured environment of his placement. When given a homework assignment of drawing a picture of his family, he drew his foster parent, Asia and himself, and not N.J. Adoption offered the children the permanence, stability, security and consistency they deserved and that N.J. had been unable to provide.

6 N.J. contends the parent-child bond was so strong that guardianship would be a better permanent plan than adoption. This contention fails. Adoption is the preferred plan, and if a child is adoptable, the court must terminate parental rights at the section 366.26 hearing unless the parent proves the existence of a statutory exception. (§ 366.26, subd. (c)(1); In re Helen W., supra, 150 Cal.App.4th at pp. 80-81.) N.J. did not prove the existence of a statutory exception.

The court did not err by declining to apply the beneficial relationship exception.

DISPOSITION

The judgment is affirmed.

NARES, J.

WE CONCUR:

HUFFMAN, Acting P. J.

O'ROURKE, J.

Cites, in this corpus