ACT ONE Newsleter for June 2009

The California Appellate Court comes down clearly on the critical importance of bonding when there is a competing challenge by blood kin who have come late to make their request for custody or adoption. This is good news for long-term foster/adopt parents who are facing a disputed adoption with a child they have had for one year or more. Relative placement is always to be preferred, PROVIDED that it is done promptly and before a significant bond can be established between the child and the "new" parents. Add this case to the several others listed on our ACT website under "Legal Issues" in the article "Bonding Is a Vital Issue: Appellate Courts Agree."

"The overriding concern of dependency proceedings, however, is not the interest of extended family members but the interest of the child. Regardless of the relative placement preference, the fundamental duty of the court is to ensure the best interests of the child., whose bond with a foster parent may require that placement with a relative be rejected." (In Re Stephanie M. (1994) 7 Cal 4th 295)