San Diego County Health & Human Services Agency v. Antonia M.

Opinion

HUFFMAN, Acting P. J. This case requires us to address the question of who is a “sibling” within the meaning of the so-called sibling exception to adoption in dependency cases. (Welf. & Inst. Code,1 § 366.26, subd. (c)(1)(E).) In this case the trial court determined that an older half sister of the children involved in these proceedings was no longer a “sibling” because she had been adopted by the maternal grandmother. Consistent with this determination the trial court excluded all evidence regarding the sibling exception and ruled the exception inapplicable as a matter of law.

We will conclude the trial court erred in narrowly defining the term “sibling” as used in the statute and thus improperly excluded the proffered evidence. Since the court excluded all evidence and refused to consider the issue, we cannot apply a harmless error analysis to this case. We find this outcome particularly troublesome because from what is in the record the potential sibling bond may not have been sufficient to overcome the benefits to these children of the permanence of adoption. Accordingly, we will reverse the termination of parental rights and remand the case for a new permanency planning hearing. At that hearing the court will be directed to allow the admission of evidence relevant to the relationships between these children and their half sister and determine whether the “sibling exception” to adoption applies in this case.

[1522]FACTS AND PROCEDURAL BACKGROUND

Twin girls, Valerie and Victoria A., bom in March 2003, are the subject of these dependency proceedings. They were removed from their mother’s care on August 20, 2004, after their mother, Antonia M. (Mother) was arrested for a probation violation. Mother had previously lost parental rights to her daughter Adriana through dependency proceedings after Mother failed to reunify. Adriana was adopted by the maternal grandmother in 2003.

After the children were removed from Mother’s custody they were placed with the maternal grandmother. The children lived with the maternal grandmother and Adriana until March 2005, when they were removed because the maternal grandmother reported she was “overwhelmed” and could no longer care for the children. The children were placed with nonrelative, extended family members (the caretakers).

The caretakers were granted de facto parent status on July 27, 2005. The caretakers have expressed interest in adopting the children. In the event the caretakers are unable to adopt, the San Diego County Health and Human Services Agency (Agency) reported multiple families are available to adopt a sibling group such as the twin girls in this case.2