Guadalupe G. v. Sup. Ct.
Appellant seek writ review of juvenile court orders made at the 18-month review hearing terminating family reunification services and setting a hearing under Welfare and Institutions Code section 366.26. Appellant assert the court did not apply the proper legal standard to determine whether returning their daughter to parental custody would create a substantial risk of detriment to the child's safety, protection or physical or emotional well-being. They further contend that no substantial evidence supports the court's finding of detriment.
Court conclude the court abused its discretion when it based its finding of detriment on the stability of the child in foster care and her attachment to the foster mother. There is no substantial evidence to support a finding that the child would suffer serious, long-term emotional trauma if separated from the foster parent and returned to parental custody. Court further conclude the court's finding that Guadalupe and Andres made no effort to visit their daughter is not supported by substantial evidence and is inconsistent with prior rulings of the trial court on that very issue. The parents satisfactorily completed their case plan in Mexico, and the Agency did not show that a return to parental custody would create a substantial risk of detriment to the child. Accordingly, court grant the relief requested.
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