California Court of Appeal

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In re R.S., A124021

Order of the juvenile court terminating parents' parental rights is reversed where: 1) the juvenile court erred in holding the section 366.26 hearing and in issuing orders that terminated parental rights and granting a request by the minor's foster parents to be designated as prospective adoptive parents, because in doing so the court impermissibly interfered with a final, voluntary relinquishment the parents had made to State Adoptions; and 2) it was unnecessary to address mother's contention that the court violated notice requirements of the Indian Child Welfare Act because any defect in the notice provided to Indian tribes is rendered moot by the parents' voluntary relinquishment to State Adoptions.

Appellate Information

  • Decided 11/30/2009
  • Published 11/30/2009

Judges

  • MARCHIANO, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Donna L. Hall and Valerie E. Sopher, El Cerrito, under appointment by the Court of Appeal, for Objectors and Appellants., Janet G. Sherwood, Corte Madera, under appointment by the Court of Appeal, for the minor.

  • For Appellees:
  • Dohn R. Henion, County Counsel and Ian W. Trueblood, Deputy County Counsel, for Petitioner and Respondent.
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