In re R.T.
Annotate this CaseR. was born in 2012 exposed to methamphetamine, marijuana, opiates, and benzodiazepines. Alameda County Social Services Agency filed a petition, alleging that the parents have a history of drug abuse and domestic violence and failure to reunite with another son, Gabriel (age 16). Over father’s objection, the agency placed R. in the home of Victoria, father’s former girlfriend, with whom Gabriel and other half-siblings had been placed. Father told the agency he wanted R. placed with a relative. Paternal aunts sought custody. The agency initiated home inspections, but told the aunts that it favored the current placement. Both parents urged the court to place the child with an aunt. The court ordered a permanent plan of placement with Victoria. The parents attempted to relinquish parental rights and to designate an aunt and uncle as adoptive parents. The agency would not accept the choice. The court found that relinquishment of parental rights is not effective until an agency accepts it and that it lacked authority to require acceptance. The juvenile court ordered R. placed for adoption. The court of appeal reversed, acknowledging that what is in R’s best interests 30 months after his birth may differ from what would have been his best interests when he was an infant. Meaningful redress for past mistakes may not be possible, but the lower court erred in failing to apply the statutory preference for relative placement.
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