Friday, August 17, 2018

In Re J.W. (Cal. Ct. App. - Aug. 16, 2018)

To achieve the desired result, you might well have to abstract away the underlying facts that brought the case to the attention of the authorities and/or the Court of Appeal.  But if you do so, the way this opinion ends may put the world in a slightly more positive (or at least optimistic) light.

Perhaps even provide a nice way to end the week and transition to the weekend.

Justice Yegan ends the opinion -- which keeps the relevant child with his fost-adopt parents -- by saying:

"We reject the notion that a child suffering from Reactive Attachment Disorder is unadoptable. Very few children in the dependency system are without problems. To deny J.W. the chance to permanently become a member of the family that loves him and that he loves, simply because he has special needs, would derail the entire concept of permanent planning. The evidence shows that the placement is working and that J.W. is adoptable. In the words of the trial judge, “I have rarely seen a proposed adoptive situation that was as beneficial to a child as this one. . . . I have very little question in my mind about the adoptability.”

This is not a close case. Substantial evidence supports the trial court’s finding, that continuing the parent-child relationship does not outweigh the permanency and stability of an adoptive placement that J.W. so badly needs."

(Perhaps) a bad result for the biological parent.  But good for the child.  As well as the world.

Good news.  For a change.