Legal Opinion

Guardianship of Ann S.

California Supreme Court

Decided March 19, 2009No. S143723PublishedCited by 52 opinions

1Opinion of the Court

Opinion

CORRIGAN, J.

In 2003 the Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. (Stats. 2003, ch. 251, § 11; hereafter, section 1516.5.) Section 1516.5 authorizes the termination of parental rights when the guardianship has continued for at least two years, and the court finds that adoption by the guardian would be in the child’s best interest. In this case, a mother whose rights were terminated under section 1516.5 contends the statute is unconstitutional on its face because it allows the fundamental…

2Cases cited45 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. Stanley v. IllinoisSupreme Court of the United States · 1972
  4. Troxel v. GranvilleSupreme Court of the United States · 2000
  5. Kolender v. LawsonSupreme Court of the United States · 1983

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3Cited by52 opinions

  1. Today's Fresh Start, Inc. v. Los Angeles County Office of EducationCalifornia Supreme Court · 2013
  2. Gerawan Farming, Inc. v. Agricultural Labor Relations BoardCalifornia Supreme Court · 2017
  3. IN RE TA.L. IN RE A.L. IN PETITION OF R.W. & A.W. IN RE PETITION OF E.A.A.H. AND T.L.District of Columbia Court of Appeals · 2016
  4. People v. MitchellCalifornia Court of Appeal · 2012
  5. Alameda County Social Services Agency v. T.B.California Court of Appeal · 2013

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