Leslie H. v. Superior Court of Orange County

The facts underlying this dependency proceeding, which originally involved two of Katrina's sons, are adequately stated in our two prior unpublished opinions in this case and we incorporate them by reference. In the first, we affirmed orders terminating reunifications services and setting a permanency hearing. In the second, we affirmed an order terminating Katrina's parental rights to her younger son and affirmed an order placing Corey in long-term foster care. Then five-year-old Corey became a dependent child in January 2000 due to general neglect and Katrina's mental illness. Reunification services were terminated in August 2001 and a permanency hearing was set. The Orange County Social Services Agency (SSA) social worker reported it was probable Corey would be adopted, but he was hard to place because of his age (over seven), he was a member of a sibling group, and had a diagnosed medical, physical or mental handicap. Corey had a strong sense of family and was not accepting of the possibility of being introduced to a new family. In a court-ordered bonding study, psychologist James Earnest reported that Corey had a strong attachment to Katrina and was consistent in expressing his desire to spend time with her and maintain his familial relationships. Earnest concluded that given the strength of Corey's relationship with Katrina, breaking that relationship would be emotionally harmful and it was in Corey's best interests to maintain contact with her. On March 26, 2002, the court found that pursuant to section 366.26, subdivision (c)(1)(A), termination of parental rights was not in Corey's best interests and ordered that he remain in long-term foster care.