[DOWNLOAD] "Alameda County Social Services Agency V. Tammy D." by California Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Alameda County Social Services Agency V. Tammy D.
• Author : California Court of Appeals
• Release Date : January 14, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

Here we consider an issue that often arises when a juvenile dependency proceeding reaches the stage at which a permanent plan must be selected for an adoptable child. If a parent has maintained a good relationship with the child through visitation, is that a reason to select a plan less permanent than adoption? This court has interpreted a former statute governing permanency planning as requiring the juvenile court to find the child would not benefit from continuing the parental relationship before it orders the termination of parental rights and places the child for adoption. (In re Cory M. (1992) 2 Cal.App.4th 935, 951 (Cory M.).) In this case, we explain that Cory M. does not apply under the current statutory scheme. We join other Courts of Appeal in holding that the juvenile court must balance the benefits to be gained from a permanent home with adoptive parents against the benefit of a continuing parental relationship. We take a slightly different view on the governing standard of review than other courts, which have applied the substantial evidence test. We conclude that abuse of discretion is the appropriate standard.

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