In re D.O.
Annotate this CaseMother Jessica O. and Father Scott O. were the parents of D.O. Mother had three older children (Je.O., Y.O, and Jo.O., collectively, Siblings) by another father. The San Diego County Health and Human Services Agency filed a petition after D.O.'s mentally ill father committed several acts of domestic violence and the mother failed to take protective action or otherwise cooperate with the Agency. After the Agency filed the petitions, the mother absconded with D.O. and Y.O. At the time of the detention hearing, their whereabouts were unknown, and neither parent attended the hearing. The court made a prima facie finding on the petition and ordered D.O. detained out of the parents' custody. One week later, police located D.O. with the father in a grocery store parking lot when the mother was caught shoplifting. D.O. and Y.O. were detained together in one foster home; their brothers were detained together in another. A recommendation was made, and the juvenile court terminated parental rights as to D.O. and ordered adoption as her permanent plan. On appeal, the mother and the Siblings contended the juvenile court erred when determining whether there would be substantial interference with D.O.'s sibling relationships by improperly considering the caregivers' assurances that sibling visits would continue, instead of by considering the factors specifically enumerated by statute. The Court of Appeal found the juvenile court cited five evidentiary bases supporting its conclusion. "Notably, the court did not rely solely on unsupported assurances from the caregivers that they would allow future visits; rather, the court cited the caregivers' proven track record of facilitating visits, and the paternal grandmother's commitment to the mother's new baby (who is related to D.O. but may not be related to the paternal grandmother). … And although the minor clearly enjoyed the time she spent with her half siblings, there was no evidence that the detriment she might suffer if visits ceased presented a sufficiently compelling reason to forgo the stability and permanence of adoption by caretakers to whom she was closely bonded." The Court of Appeal affirmed the termination of parental rights.
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