CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Adoptability Issues
33 Cards On This Topic:

PAP's marital status as legal impediment to adoption under FC 8603 was relevant; court did not bar such evidence but mother did not properly pursue it and failed to preserve issue.

SW did not opine Cs were likely to be adopted based solely on the existence of a prospective adoptive parents willing to adopt.

Even if adoption results in loss of C's family relationships, mere speculation about his reaction is not evidence to be considered in determining adoptability; actual evidence here fully supported adoptability.

Absent legal impediment to adoption or other facts contraindicating adoptability, FPs' interest in adopting C1 was sufficient to support juvenile ct.'s finding of general adoptability.

Conclusion that special needs Cs were likely to be adopted was supported by substantial evidence where they had lived with PAPs for years, PAPs had been dealing with Cs' problems and remained committed to adoption.

C's positive traits made him adoptable despite in utero exposure to heroin, slight speech delays and no identified father—possibility C may have future problems did not preclude finding he was likely to be adopted.

Finding that siblings adoptable was supported by substantial evidence where there were approved homes willing to take them, they had positive as well as negative characteristics and sibling relationship exception did not apply.

While evidence did not support that C was generally adoptable, there was sufficient evidence he was specifically adoptable by his relative caretakers.

Finding of adoptability supported by substantial evidence: Certainty of C's future medical condition not required for adoptability finding; prospective adoptive parent serves as evidence C likely to be adopted.

Substantial evidence supported conclusion C was adoptable where behavioral problems largely over, she improved dramatically at school, had positive attributes of an adoptable C and foster parents willing to adopt.

Mother not precluded from challenging adoptability finding by failing to appeal from earlier order where issue considered was whether Cs had "a probability" of adoption, not that they were "likely" to be adopted.

Parent at W&IC 366.26 hearing has due process right to examine and test sufficiency of evidence offered by social services on adoptability, on which agency bears burden of proof.

Substantial evidence supported finding Cs were difficult to place for adoption because of their membership in a sibling group but had the probability of adoption.

As there was substantial evidence to support juvenile court's finding of C's adoptability, order terminating mother's parental rights affirmed.

Juvenile court sufficiently assessed prospective adoptive parents' ability to meet disabled C's needs, including his educational needs, and did not need to look at specific educational plans.

Plan to home school severely disabled C did not constitute legal impediment to adoption; C's due process rights not violated when court would not hear evidence on local educational programs.

Because adoptability is an issue on which social services bears burden of proof, mother could challenge sufficiency of the evidence supporting finding of adoptability for the first time on appeal.

Older age of prospective adoptive grandparents is not legal impediment to adoption; questions of "suitability" are irrelevant to likelihood of adoption, and reserved for adoption proceeding, not termination of parental rights.

Prospective adoptive parent's willingness to adopt indicates minor likely to be adopted within reasonable time by that prospective parent or another, and is substantial evidence that minor likely to be adopted.

Record didn't support finding of adoptability where SSD failed to present evidence of approved families willing to adopt and reports too vague to amount to clear and convincing evidence Ms likely to be adopted within a reasonable time.

Court erred in finding child not adoptable because of advanced age of his foster parents.

Termination of F's parental rights reversed where substantial evidence did not support juvenile court's finding of adoptability.

Court may not refuse to consider adoption for Ms to discipline DCFS for repeatedly failing to notice fathers by publication.

Absent showing that DSS’s decision re interim foster care placement is patently absurd or unquestionably not in M’s best interests, court may not interfere and disapprove of it.

Where DCFS failed to show by clear and convincing evidence M likely to be adopted, within court’s discretion to order legal guardianship as permanent plan.

Clear and convincing finding that M adoptable, with previous finding that parents’ whereabouts unknown and reunification not required, was all that was needed to free M for adoption.

Where evidence of adoptability not based solely on prospective adoptive parent willing to adopt, her suitability to adopt irrelevant to likelihood of adoption.

Questions at W&I §366.26 hearing re suitability of prospective adoptive family irrelevant to likelihood of adoption; suitability not legal impediment to adoption.

White foster parent’s testimony supports finding Black minor likely to be adopted, whether foster parents or Black family would ultimately adopt.

Family’s partially repudiated mediation agreement re guardianship for M neither binding on court nor specifically enforceable; evidence supported adoption.

Grandparents qua grandparents have no constitutionally protected liberty interest in the adoption of their children’s offspring.

Evidence of adoptability did not meet clear and convincing standard where assessment did not note approved families willing to adopt and stepfather’s desire to adopt not sufficient where criminal and CPS history not addressed.

Adoptability issues.