In re Jayden M.
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After his father left Jayden with his paternal grandmother with an eye infection and no provision for support, the Department of Health and Human Services petitioned the juvenile court alleging that Jayden comes within the jurisdiction of the court because of the father’s untreated substance abuse problem and history of domestic violence, and the mother’s prostitution and substance abuse. The court sustained the petition and placed Jayden with his paternal aunt and uncle. Reunification services were offered to both parents, but father failed to use the offered services, and mother only partially engaged in services. After several months of services both parents expressed a desire to waive reunification services. Their reunification services were terminated at the six-month review hearing based on the Department’s recommendation. Neither parent appealed this decision. When Jayden was placed with his paternal aunt and uncle, they expressed an interest in adopting Jayden. Several months later, based on an assessment that the paternal aunt and uncle were meeting Jayden’s needs and aiding him in his speech and motor skills development, a permanency plan suggested that Jayden remain with them to be adopted. However, on the day of the scheduled selection and implementation hearing, Jayden’s counsel requested ex parte that the court change its order requiring a noticed petition to move Jayden from his placement with his paternal aunt and uncle because the Department had developed concerns about the caregivers and no longer believed the placement was in Jayden’s best interest. The court continued the selection and implementation hearing to investigate other potential relative placements to ensure that the Department could locate a suitable home for Jayden. At the continued selection and implementation hearing, counsel for the Department said Jayden was going to be placed in an adoptive home that same day. Jayden’s counsel was supportive of terminating parental rights and of removing him from his aunt and uncle’s home. Father’s counsel entered “general objections,” and specifically objected to the finding that the child was likely to be adopted and the recommendation that father’s parental rights be terminated. Mother’s counsel objected to the termination of mother’s parental rights and to the court’s finding of Jayden’s adoptability. On appeal, the parents contended: (1) the Department and the juvenile court erroneously removed Jayden from his prospective adoptive parents without complying with the statutory procedures; (2) there was insufficient evidence Jayden was adoptable; and (3) the juvenile court violated parents’ rights to effective assistance of counsel and a fair hearing and abrogated its duty to make an independent decision when it denied mother’s request for a continuance of the hearing in light of the Department’s failure to provide an updated assessment of potential adoptive placements to the court. The Court of Appeal disagreed with the parents' allegations and affirmed the juvenile court’s orders.
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