Guardianship of Ann S. 4/13/06 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C049915

Case Date: 07/20/2006

Preview:Filed 4/13/06

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) ----

Guardianship of ANN S., a Minor.

A.B. et al., Petitioners and Respondents, v. A.C., Objector and Appellant.

C049915 (Super. Ct. Nos. PG01254, SA0241)

APPEAL from a judgment of the Superior Court of Yolo County, Timothy L. Fall, Judge. Affirmed. Law Office of Kimball J. P. Sargeant and Kimball J. P. Sargeant, under appointment by the Court of Appeal, for Objector and Appellant.

*

Pursuant to California Rules of Court, rule 976.1, this opinion is certified for publication with the exception of part IV. 1

Law Office of Karen Ehler and Karen Ehler; Ishikawa Law Office and Brendon Ishikawa for Petitioners and Respondents. Gradstein & Gorman and Marc Gradstein for Academy of California Adoption Lawyers and the Academy of California Family Formation Lawyers as Amicus Curiae on behalf of Petitioners and Respondents. Since September 26, 2001, when Ann S. (the minor) was 18 months old, her paternal aunt and the aunt's husband have been her guardians. After almost four years had passed, her mother's

parental rights were terminated pursuant to Probate Code section 1516.5, which provides that a trial court may declare a child free from a parent's custody and control if (1) the parent does not have legal custody of the child, (2) the child has been in the custody of a legal guardian for at least two years, and (3) the child would benefit from being adopted by the guardian. subd. (a).) Mother appeals, claiming that Probate Code section 1516.5 is an unconstitutional infringement upon her fundamental rights as a parent because it allows the termination of parental rights without a "showing of current parental unfitness . . . ." In the (Prob. Code,

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