In re Caden C.

In 1986, Mother’s first child was detained at birth after mother and child tested positive for marijuana and cocaine. The pattern continued for 30 years: each of Mother’s six children would be removed from her care—sometimes several times—based on Mother's substance abuse, inability to care for her children, and domestic violence in the household. Caden, born in 2009, was taken into protective custody in 2013 and was diagnosed with disruptive behavior disorder and PTSD, with symptoms of aggression, impairment of social relationships, tantrums, regressions, and emotional dysregulation. Mother failed to take advantage of numerous services. The juvenile court determined that Mother had established a beneficial relationship with Caden (Juvenile Code section 366.26(c)(1)(B)(i)), sufficient to justify a permanent plan of long-term foster care rather than the statutorily preferred plan of adoption. The court of appeal reversed. Reliance on the beneficial relationship exception was an abuse of discretion. While Caden had a beneficial relationship with his mother, uncontroverted evidence established that long-term foster care posed risks of further destabilizing the vulnerable child, fostered unhealthy interactions, and robbed Caden of a stable and permanent home with an exceptional caregiver. Caden has suffered years of trauma and instability as a result of Mother’sunresolved substance abuse and mental health issues; her failure to seek treatment continued up to the permanency planning hearing. View "In re Caden C." on Justia Law