CHILDREN AND THE LAW
...Non-Dependency Term. of Parental Rights
......Burden of Proof-Findings
.........CC §232 [FC §7800 et seq.] Stnd. Not Met
 15 Cards On This Topic:
  • Where F's fitness questioned by factors other than facts underlying felony conviction, court to apply other statutory provisions re child welf. with more gradual termination procedures and safeguards absent from FC 7825.
  • Evidence insufficient to establish that M, left with grandparents for 3 days before they filed for guardianship and court intervened, was "left" in GPs' custody for 6 mos required by FC 7822 for a finding of abandonment.
  • Under FC 7894, judgment terminating parental rights may not be reversed on ground it was taken by default; appellate court may review judgment only for sufficiency of evidence or error.
  • Denial of reunification services because mother in prison is not basis for terminating parental rights under W&I 366.26(c)(1).
  • Evidence must be clear and convincing to establish likelihood of adoption.
  • Questions re suitability of prospective adoptive family irrelevant to likelihood of adoption; suitability to adopt not legal impediment to adoption.
  • Failure to hold contested review hearing violates due process and precludes termination of parental rights.
  • Detriment cannot consist solely of potential loss of foster parent; detriment must be based on present circumstances; definition of detriment discussed.
  • Parental rights of developmentally disabled person may not be terminated without considering services available to enable family to remain intact.
  • Termination of parental rights reversed; court suggested, in dicta, that county failed to meet burden by clear and convincing evidence.
  • If former Civil Code section 232 petition denied, superior court is without jurisdiction to do anything but remand matter to juvenile court.
  • Mental illness for purposes of former Civil Code section 232 defined. Order not supported by substantial evidence.
  • Father’s incarceration for killing mother insufficient to justify termination.
  • Mother’s incarceration for marijuana conviction not sufficient to justify termination based on finding of neglect.
  • Writing to children twice a month while in prison held not to be abandonment.


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