CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Sibling/Parental Visitation
............Siblings
 19 Cards On This Topic:
  • Sibling visitation and contact as basis for not terminating parental rights where detriment to child.
  • Post adoptive sibling visitation.
  • Plain language of W&IC 366.26(c)(1)(B)(v) authorizes the juv. court to consider factors other than those expressly articulated in the statute—such as a proven history of, and expressed commitment to, sibling visits.
  • Because siblings had no "long-standing relationship" and one not dependent, court did not have to order sibling visitation-there was no relationship of type the Legislature seeks to protect under W&IC 366.26 (c)(1)(E).
  • Reversal and remand required where court separated autistic and non-autistic siblings based on no evidence, but merely presumed detriment from disability and did not evaluate best interest of siblings.
  • Court may not rely on stereotypes, assumptions, or hunches to make a determination concerning the best interests of a child.
  • Court failed to comply with strict statutory requirements governing placement of a sibling group when it terminated reunification and set S&I hearing.
  • Mother had standing to raise issue of sibling visitation as termination order entered after effective date of W&IC 366.36 (c)(1)(E).
  • Court did not err in considering sibling relationship statutes when placing Cs with aunt and uncle—nonoffending, noncustodial F did not suffer substantive DP violation.
  • W&IC 366.26 (c)(1)(E) exception inapplicable where F lost parental rights over sibling, and nature of sibling relationship not sufficiently substantial that preserving it would outweigh benefit of adoption.
  • Substantial evidence supported court's finding that W&IC 366.26 (c)(1)(E) exception did not apply and C would benefit more from adoption than detriment she might suffer on being separated from sibling.
  • Substantial evidence supported determination sibling bond exception to termination of parental rights did not apply.
  • Mother has standing to assert sibling relationship exception.
  • Where strength of bond between very young siblings difficult to determine, court-ordered sibling bond studies helpful, in some cases indispensable, to determine applicability of W&IC 366.26 (c)(1)(E)
  • Benefits to C of adoption outweighed benefits of continuing relationship with brother even if termination of mother's rights would result in substantial interference with sibling relationship.
  • In light of adoptive parents' explicit rejection of familial visitation, post-adoption visitation was impossible, and counsel did not perform incompetently by failing to pursue it.
  • Mother had standing to assert sibling relationship exception to termination of parental rights as her interest in relationship with C directly affected and she was aggrieved party in that determination.
  • As amendment adding W&IC 366.26 (c)(1)(E) not accompanied by expression of intent or language making it retroactive, no reason to depart from general presumption in law against retroactivity.
  • Other Welf. & Inst. Code §366.26 (c)(1) exceptions to termination of parental rights/adoption.


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