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In re A.L., D057412

By FindLaw Staff on November 18, 2010 3:54 PM

Challenge to juvenile court's order finding the parental rights of the father not reinstated

In re A.L., D057412, concerned a challenge to the juvenile court's order finding the parental rights of the father were not reinstated along with the parental rights of the minor children's mother.  In reversing, the court held that the juvenile court erred by finding that the father's parental rights were not reinstated because when the appellate court reversed the order denying the mother's petition, it necessarily vacated the subsequent section 366.26 hearing and the orders terminating parental rights of both parents.

As the court wrote: "Rule 5.725(a) and (g) require, with some exceptions, that a court may not terminate the parental rights of only one parent.  This is because, as rule 5.725(g) states, "the purpose of termination of parental rights is to free the dependent child for adoption."  L.L.'s parental rights are reinstated.  The record shows her visits with the minors may have been expanded.  Consequently, it appears adoption is no longer the permanent plan." 

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