## Facts

- Kimberly S. was born in September 1996.
- In December 1996, Kimberly’s mother, Leanne W., was arrested for being under the influence of a controlled substance.
- The county child welfare agency filed a dependency petition alleging Leanne’s substance abuse impaired her ability to supervise Kimberly; the child was detained and placed with maternal relatives.
- At jurisdiction in April 1997, the juvenile court sustained the allegation, ordered reunification services, and recommended inpatient treatment that could accommodate Kimberly.
- Kimberly was later placed with her maternal grandmother; Leanne produced negative drug tests, but did not complete other case plan components and indicated she intended to leave the area and support guardianship with the grandmother.
- At the 12-month review, the court terminated reunification services and set a permanency planning hearing under Welfare and Institutions Code § 366.26.
- At the § 366.26 hearing, the court found the grandmother suitable to adopt, found Leanne’s visitation sporadic, and terminated Leanne’s parental rights (August 1998).
- Leanne appealed, arguing the termination order must be reversed because she was not advised about, or given an opportunity to pursue, a kinship adoption agreement under Family Code § 8714.7.

## Issues

1. Whether, before terminating parental rights at a Welfare and Institutions Code § 366.26 hearing, the juvenile court must advise a parent about the availability of a kinship adoption agreement under Family Code § 8714.7 or provide an opportunity to enter one.

## Decision

- The Court of Appeal affirmed the order terminating parental rights.
- The court held kinship adoption agreements under Family Code § 8714.7 were not intended to change the dependency termination framework.
- The court held the dependency court has no duty to advise a parent, before termination, about the possibility of a kinship adoption agreement.

## Legal Principles

- Adoption traditionally extinguishes birth parents’ rights, and courts generally lack authority after adoption to order custody, care, or support arrangements between birth parents and the child.
- Family Code § 8714.7 authorizes post-adoption contact agreements among adoptive parents, designated birth relatives, and the child under specified circumstances.
- Kinship adoption agreements are designed to encourage relative adoptions and expedite permanency for children who cannot be returned to their parents, not to create additional procedural protections for parents in dependency termination proceedings.
- Absent an express statutory requirement, juvenile courts need not provide advisory notice about kinship adoption agreements as a prerequisite to termination of parental rights.

## Conclusion

The appellate court upheld termination of parental rights, concluding that Family Code § 8714.7 creates a post-adoption contact mechanism and does not require juvenile courts to advise parents of such agreements, or delay termination to facilitate them, during dependency permanency proceedings.


In re Kimberly S., 83 Cal. Rptr. 2d 740 (Ct. App. 1999)