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Sunday, March 9, 2014
Title: California Juvenile Court Ruling Against Reunification Upheld (BY: Jolene K.)
Link for opinion: http://scholar.google.com/scholar_case?case=4405367706003050948&q=CA+Baby+Girl+A&hl=en&as_sdt=6,24&as_ylo=2013
In January 2012 Baby A was born; both mother and baby tested positive for methamphetamine and opiates. The baby was placed in neonatal intensive care. Upon questioning the mother admitted to drug use during pregnancy and stated that the social worker should “do what you got to do and just take her. The father of the baby was named but noted to be incarcerated at the time of birth. The mother had no home or provisions for the baby. The baby was taken into protective custody.
The Department filed a Section 300 against both parents alleging that the mother had a history of substance abuse and an extensive criminal history. The father also had an extensive criminal history and was currently incarcerated; neither parent was able to provide care and support for the baby.
The father had four children from previous relationships and was currently married to “M.G.” since 2002. The father acknowledged that upon his release from custody he would need substance abuse treatment. He wanted his wife to care for the baby while he was incarcerated.
In March 2012 the baby was placed in a foster home. It was recommended that the matter be continued until the results of a paternity test were obtained. The matter was continued.
In April 2012 the father was declared the biological father by paternity results. He objected to the denial of reunification services because he was set to be released from custody in two months. He sought a continuance but was denied due to his release being outside of the expiration period for reunification services. Weekly visitation was granted and the matter continued.
In June 2013 the mother was scheduled to be released from custody and requested to participate in reunification services upon release. The mothers states that extensive drug use and past history of homelessness, depression and suicide attempts led to her ultimate loss of her children; she requested the baby to be placed with extended family.
By preponderance of evidence the juvenile court found all of the allegations within the filings against the parents to be true.
On November 14, 2012 it was decided that it would not be in the baby’s best interest to return to the mother or father’s care and the parental rights of both parents were terminated with the baby being freed for adoption.
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