In re B.D.Annotate this Case
C.D. (Father) and R.Q. (Mother) appealed the juvenile court’s orders terminating parental rights to their son, B.D. (born 2012) and daughter L.D. (born 2015). The parents contended the juvenile court erred in finding that the beneficial parental relationship exception to adoption did not apply because the evidence demonstrated that terminating parental rights would be detrimental to the children’s well-being. They contended that a legal guardianship was the only appropriate permanent plan for the children. On May 6, 2021, the Court of Appeal filed an opinion affirming the orders. Before this opinion became final, Mother filed a petition for rehearing arguing that the recent Supreme Court decision in In re Caden C., 11 Cal.5th 614 (2021) found the juvenile court erred in terminating parental rights. The Court of Appeal granted rehearing and gave all parties the opportunity to file supplemental briefing on the petition for rehearing and the impact of Caden C. on this appeal. After review, the Court of Appeal vacated its initial opinion, and reversed the orders terminating parental rights. "When concluding that the parents did not meet their burden of showing that they had a substantial, positive, emotional attachment with their children, the juvenile court and social worker considered the parents’ substance abuse without addressing whether this continued substance abuse had any negative effect on the parent-child relationship. We are also uncertain whether the juvenile court considered other factors proscribed by the Supreme Court in determining the beneficial nature of the parent-child relationship. We therefore must reverse the orders terminating parental rights and remand for the juvenile court to reexamine the record based on a proper application of the governing law."