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Federal Judiciary

: California Appellate Report

In Re R.C. (Cal. Ct. App. - Dec. 19, 2008)

By Shaun Martin

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Sometimes parental termination cases are difficult to even read (at least for me), as you're left with the firm -- and utterly depressing -- conclusion that none of the participants even have a whiff of a shot , and that the child both never had and currently has almost no shot whatsoever at a reasonable existence. And you don't know what to do betweenthe two available alternatives, both of which are terrible: leaving the child in a horrible foster care situation or giving the child back to an unstable and potentially harmful parent

Not here.

This is one of those cases where I have little doubt that Justice Irion (as well as Judge Isackson, down here in San Diego) got it exactly right. It's not that the mother here is horrible; I've seen far, far worse. But the child has a real shot here. It couldn't be clearer that his best interests are to be adopted, and he totally can be. He's a bright, cute, healthy, and completely lovable 11-month old child. He should stay where he is.

A ray of sunshine on a cold(ish) but beautiful Friday morning.

Full post as published by California Appellate Report on December 19, 2008 (boomark / email).

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