Opinions
Filed 3/7/25
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
In re M.V., a Person Coming B338420
Under the Juvenile Court Law.
LOS ANGELES COUNTY (Los Angeles County
DEPARTMENT OF Super. Ct. No. 18CCJP07148)
CHILDREN AND FAMILY
SERVICES,
Plaintiff and Respondent,
v.
K.V., et al.,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los
Angeles County, Philip Soto, Judge. Affirmed.
Aida Aslanian, under appointment by the Court of Appeal,
for Defendant and Appellant K.V.
Leslie A. Barry, under appointment by the Court of Appeal,
for Defendant and Appellant David V.
Dawyn R. Harrison, County Counsel, Kim Nemoy,
Assistant County Counsel, and Navid Nakhjavani, Deputy
County Counsel, for Plaintiff and Respondent Department of
Children and Family Services.
Marissa Coffey, under appointment by the Court of Appeal,
for Respondent M.V.
_________________________
INTRODUCTION
K.V. (Mother) and David V. (Father) appeal the juvenile
court’s order terminating their parental rights to daughter M.V.
(born 2014). They contend the court erred in its analysis of the
beneficial parent-child relationship exception set forth in Welfare
and Institutions Code1 section 366.26, subdivision (c)(1)(B)(i),
violated their due process rights, substituted its judgment for
that of the Legislature, exhibited bias, and improperly discounted
the opinion of the psychologist who performed the bonding study.
We affirm the order terminating parental rights.
FACTUAL AND PROCEDURAL BACKGROUND
I. Events Prior to and Including the First Appeal
M.V., then four years old, “came to the attention of the Los
Angeles County Department of Children and Family Services
(DCFS) in November 2018 when law enforcement officers
conducting a search at the family’s home discovered thousands of
pornographic images of children one to 13 years of age. Both
parents admitted having child pornography on their phones and
that some of the minors depicted could have been younger than
15 years old. Images of a child’s vagina on Mother’s cell phone
were suspected to be images of M.V. [¶] Mother said she
exchanged nude photos of herself, engaged in sexual
conversations for money, and role-played as a child while
performing sexual acts. She admitted posting photographs of
M.V. online for money. She had shared images of M.V. in the
bathtub but denied sharing naked pictures of her. Mother had
1 Undesignated statutory references are to the Welfare and
Institutions Code.
2
agreed to sell a video of M.V., and Father knew this, but she did
not share the video because the purchaser did not pay.” (In re
M.V. (2023) 87 Cal.App.5th 1155, 1160.)
M.V. was detained in the home of her paternal
grandparents. (In re M.V., supra, 87 Cal.App.5th at p. 1160.) In
January 2019, the court sustained, as to both parents, allegations
related to sexual exploitation under section 300, subdivisions
(b)(1) (failure to protect) and (d) (sexual abuse). (Id. at p. 1163.)
The court declared M.V. a dependent child, removed her from her
parents, and ordered reunification services. (Ibid.)
Mother and Father received reunification services until
November 2020. (In re M.V., supra, 87 Cal.App.5th at pp. 1163–
1167.) In December 2021, the juvenile court terminated parental
rights. (Id. at pp. 1173–1174.) On January 27, 2023, we vacated
the order and remanded the matter for a supplemental bonding
study and a new permanency planning hearing. (Id. at p. 1186.)
II. Post-Remand Events
On remand, the matter was transferred to a different bench
officer and a new expert, Velia Inez Gonzalez, Ph.D., was
appointed to conduct a bonding study.
The permanency planning hearing took place on June 5,
2024. DCFS presented 17 documentary exhibits, all of which
were admitted into evidence without objection. Neither the
parents nor M.V. offered documentary evidence.
3
A. Documentary Evidence
1. Visitation and Relationship of M.V. to Parents
M.V. continued to live with the paternal grandparents,
with whom she had lived for most of her life,2 and she visited
with her parents. M.V. said in May 2023 she looked forward to
visits with her parents. She felt safe with them, but only because
her paternal grandmother (Mary V.) or another adult was with
her.
According to M.V., Father fell asleep frequently during
visits and this made her sad. It also made her sad that Father
did not want her to call her paternal grandmother “Mommy,”
when that was what she wanted to call Mary V. M.V. never
expressed her feelings to Father because sometimes her parents
did things they were not allowed to do. For example, although
Mother was not allowed to take photos of her, Mother had
photographed her when Mary V. was out of the room and then
told her not to tell Mary V. This secret photo made M.V. feel
scared and angry. Father had done this once as well.
In May 2023, M.V. reported that during visits with Mother
they played games, ran around, and sat and talked, but Mother
did not do much. Mother used her phone during visits. M.V. was
happy playing with Mother, who was more fun than Father
because she let M.V. do what she wanted. Mary V. said M.V.
“seems to treat the visitations with her mother as if they are play
dates,” and she looked forward to obtaining gifts from Mother.
2 M.V. had been placed by the court with her paternal
grandparents shortly after her fourth birthday. According to
Mary V., M.V. lived with the paternal grandparents in their
home more than 50 percent of the time until she was one and
one-half years old, and 100 percent of the time thereafter.
4
In July 2023, Mother told M.V. she did not want M.V. to
call Mary V. “Mom.” When M.V. said Mary V. liked being called
“Mom,” Mother began to cry. M.V. comforted Mother. After the
visit M.V. commented, “[T]hat was emotional,” and appeared
shaken by Mother’s emotions.
In August 2023, M.V. asked the social worker to deny
Mother permission to take M.V. to a museum because M.V. did
not want to go. When the social worker asked why M.V. did not
want to tell Mother her thoughts directly, M.V. said she knew
Mother would be mad.
As of August 2023, most of Mother’s visits took place at a
mall, where she and M.V. ate, shopped, and worked on M.V.’s
homework. Mother purchased many things for M.V., who often
wanted many different toys and items. M.V. had come to expect
gifts and surprises at Mother’s visits and sometimes got upset
when she did not get what she wanted. M.V. had twice asked to
stay longer with Mother, but it appeared she wanted to continue
playing as opposed to being sad about the visit’s end.
DCFS observed in January 2024 that M.V. looked forward
to visits but was not distraught or sad when they ended. M.V.
would ask to cancel or modify planned visits when there was
something else she wanted to do, and she complained she was
tired of having to visit all the time. M.V. sometimes threw
tantrums and refused to move during visits until her parents
acquiesced to her wishes.
In March 2024, M.V. told the social worker she wanted
Mary V. to be present at her weekend visits with her parents
even if there was another monitor.
5
On April 10, 2024, M.V. told DCFS she did not want an
extended visit with Mother, and, in fact, she did not want
weekday visits because she wanted to take a class that conflicted
with weekday visits, plus on visit days she arrived home too late
to do her homework or prepare for evening hockey games. M.V.
said she had been told there would have to be different monitors
for weekend visits, but she wanted Mary V. to be her monitor.
On April 16, 2024, M.V. said Mother did not listen to her.
M.V. said she wanted Mary V. with her when she visited Mother
because otherwise Mother would do things she was not supposed
to do, like photograph her. Mary V. made M.V. feel safe.
On April 22, 2024, M.V. expressed a concern that if Mary V.
were not present at Mother’s visits, Mother’s friend would say
M.V. was bonding with Mother, and then M.V. would have to go
live with Mother. M.V. said she had a bond with her
grandparents, her uncle, and the social worker, but she did not
have a bond with Mother. M.V. said Mother lied, and Mother felt
like a stranger to her.
As of June 2024, there were no major concerns about visits
or the parents’ behavior during visits.
2. M.V.’s Well-Being
In 2019 M.V. completed therapy to address trauma and
behavioral issues. After this court reversed the order
terminating parental rights, M.V. began experiencing mental
health issues. She was recalling memories of the 2018 police raid
of her home. As of August 2023, M.V. wanted to sleep with her
caregivers rather than on her own because she was scared, and
she cried at the prospect of sleeping in her bedroom. M.V. said
she was afraid of being kidnapped. DCFS referred M.V. for
mental health services, as did M.V.’s school.
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M.V. received therapy with a psychiatric social worker from
August to December 2023. The social worker noted M.V.’s
grandparents had provided stability for M.V. for a long time and
M.V. felt safe in their home. The social worker believed M.V.
would benefit from working on socialization skills with her school
service provider but that no further assistance was needed.
The paternal grandparents, however, subsequently
requested further treatment for M.V., reporting an increase in
temper tantrums and crying fits when M.V. was told “no” or other
things she did not like hearing. In March 2024, M.V. told DCFS
she liked napping in her bedroom because she knew her
grandparents were nearby, but she did not like sleeping there on
her own because she was afraid of being kidnapped by Mother or
Father. As of June 2024, DCFS had again referred M.V. for
mental health services.
3. M.V.’s Wishes
In April 2023, the juvenile court ordered DCFS to interview
M.V. regarding her attitude toward the termination of parental
rights and discontinuation of parental visits.
On July 21, 2023, M.V. asked Mother to allow her
grandmother to adopt her.
In August 2023, the social worker asked M.V. what she
wanted to happen with her family and said her wishes would be
relayed to the court. M.V. responded, “Good! Can you please tell
the judge that I want to be adopted?” M.V. explained that if she
were adopted, she would be able to continue living in her home,
where she felt safe and happy living with her grandparents. The
social worker explained adoption to M.V., who said she
understood and felt good about the fact that if she were adopted,
her parents would no longer be able to make decisions for her,
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nor would she return to their care. M.V. said she felt safe and
happy residing with her paternal grandparents, whom she called
“Mommy” and “Daddy,” and said she remembered “bad things”
about living with Mother and Father.
The social worker told her that if she were adopted it was
possible she would not see her parents as often. M.V. said, “I feel
good about it.” Her grandparents had told her that she could still
visit her parents and she felt all right about not seeing them as
frequently.
M.V. did not want to live with her parents because of what
Mother did to her when she was younger. M.V. told her
grandparents she wanted them to adopt her and she wished
Mary V. had given birth to her.
In early January 2024, DCFS reported to the court that
M.V. “is a very vocal and expressive child, and she continues to
state that her wishes are to be adopted by her paternal
grandparents. The concept and meaning of adoption has been
explained to [her], and she has indicated that she understands,
and still wishes to be adopted. It is true that the child has a
favorable view of the birth parents and enjoys the visitation with
them; however, the child recognizes the paternal grandparents as
her parents and permanent caregivers.”
On January 12, 2024, M.V. told DCFS she would like to be
adopted by her grandparents. When asked what adoption meant,
she repeated, “[A]doption.” M.V. wanted to see her parents
sometimes, but “not all the time.” M.V. wrote a letter to the court
in which she said, “Dear Judge, I want to get adopted by Mom
and Dad,” meaning her paternal grandparents. On March 4,
2024, M.V. told DCFS she wanted to be adopted but to continue
to visit with her parents. On April 10, 2024, M.V. related that
8
Mother had said she and Father would be living together soon,
and maybe M.V. could join them. M.V. told DCFS she did not
want to live with her parents; she wanted to live with her
grandparents.
4. M.V.’s Relationship with Grandparents and
Experience in Placement
In January 2024, DCFS observed M.V. to seem comfortable,
happy, and playful in her placement with her paternal
grandparents. M.V. sought her grandparents’ attention and
intimacy and she was loving and intimate with them as well.
DCFS described M.V. as “particularly bonded” with Mary V., and
noted M.V. had many times expressed that Mary V. made her feel
safe. When M.V. spoke with her grandparents and the social
worker, she “freely and openly vocalize[d] her wants and
thoughts.” The paternal grandparents gave M.V. “love, attention,
and a stable and structured lifestyle.”
In May 2024, DCFS reported that M.V. continued to thrive
in her paternal grandparents’ care. They were patient and loving
with M.V. and worked to provide her “with structure in her day-
to-day life, and to support [her] in her interests in sports and
extracurricular activities.” M.V. had continued to make steady
progress academically, to the point where she was no longer
eligible for special education and was transitioned into general
education.
B. Bonding Study
Appointed bonding expert Gonzalez reviewed dozens of
documents from the dependency proceedings, observed one
monitored visit between M.V. and each parent, spoke with M.V.,
9
Mary V., and a monitor, and interviewed Mother and Father
separately.
1. Father
Gonzalez’s assessment took place in the paternal
grandparents’ home. M.V., Father, and Mary V. were present.
Gonzalez found Father to be “actively engaged during the visit,
showcasing his dedication to [M.V.’s] growth.” She observed he
brought both educational and creative materials to the visit,
“ensuring a well-rounded approach to her development” and
“underlining [Father’s] commitment to nurturing [M.V.]’s
creative development and engagement in her education.” M.V.
disobeyed Father’s instructions while they played; he imposed no
consequences. Gonzalez interpreted this as indicating “his
parenting style may lean more towards gentle guidance than
strict discipline.”
Gonzalez described “a heartwarming and affectionate bond”
between Father and M.V.: M.V. approached Father for a hug
after play (“demonstrating a strong sense of attachment and
comfort in their relationship”), she called him “Daddy”
(“demonstrating her fondness for him”), and Father used terms of
endearment for M.V. Gonzalez considered M.V. and Father’s
physical closeness and their use of pet names to “reflect a loving
relationship between the father and daughter, fostering a warm
and nurturing atmosphere within their family,” and she asserted
that these “affectionate exchanges contribute to a sense of
security, love, and a lasting bond between them.”
M.V. enjoyed sharing activities with Father. During the
visit, M.V. wanted ice cream, which “led to a shared interest
between her and her father.” Where M.V. chose to hide during a
game of hide-and-seek “highlighted their love for interactive
10
games,” and her attempt to surprise Father when he opened the
door to the closet in which she was hiding evinced a “light-
hearted dynamic [that] underscored the trust and comfort they
shared, with [M.V.]’s laughter and enthusiasm contributing to
the joyful atmosphere.”
Gonzalez found M.V. and Father’s water play with a hose
demonstrative of “their affectionate relationship and a shared
sense of humor, creating heartwarming and positive memories.”
Father provided M.V. with “educational insights” and
“meaningful conversation,” such as math discussions, an
explanation of a “popcorn” ceiling, and a conversation about slime
and chemistry. These interactions, according to Gonzalez, “were
emblematic of his commitment to enriching her learning
experiences during the visit.” M.V. was enthusiastic and curious,
and she actively participated in conversation. To Gonzalez,
Father’s questions about the paint in M.V.’s room “provided an
opportunity for them to connect and discuss personal interests.”
Gonzalez found their communication “integral to their bonding
experience.”
Gonzalez described M.V. and Father singing to each other
as “an entertaining and bonding dimension to their interaction,
reflecting her love for singing and their shared enjoyment of
music.” Father told stories about his childhood that Gonzalez
believed “furthered their bond” and “deepen[ed] their connection
through a shared memory.” Their conversation about an
upcoming party M.V. was planning to attend was “lively banter,”
and Father’s playful remark that boys had “cooties”
“demonstrated their warm and playful interaction.” According to
Gonzalez, M.V.’s “reassurance [to Father] regarding the nature of
the [upcoming party] showcased her understanding and comfort
11
within their relationship,” and these moments “highlighted the
diverse and multifaceted nature of their bond, revealing the
richness and depth of their connection.”
Gonzalez believed Father had shown a “commitment to
addressing [the juvenile court’s] requirements” by completing
elements of his case plan. Father expressed concern that M.V.
shared a bed with her grandparents and called them “Mom” and
“Dad.” Gonzalez said Father “openly acknowledged his past
mistakes” and his role in M.V.’s removal from his custody, stating
he had experienced years of depression and emotional challenges.
He said therapy had played a “pivotal role in helping him address
these issues” and gave him a more positive outlook, which has in
turn helped him become “more future-oriented and goal-driven.”
2. Mother
After observing one monitored visit between Mother and
M.V. at a mall, Gonzalez concluded the “complex yet affectionate”
relationship between M.V. and Mother bore “clear signs of
affection and emotional connection.” M.V. made “genuine
expressions of love and affection” during the visit: Mother and
M.V. said they loved each other and shared “moments of
laughter, reflecting a warm and emotionally connected bond.”
Mother caressed M.V.’s head and tried to keep M.V.’s hair out of
her eyes, which “underscored the motherly care and attention she
provides.”
Gonzalez described the interactions between Mother and
M.V. as they made slime and shopped as “marked by shared
enthusiasm and joy.” Gonzalez believed working on M.V.’s
homework allowed for “mutual learning and collaboration”;
making slime together “created a bonding experience, showcasing
their ability to enjoy simple pleasures together;” and Mother’s
12
purchase of cards for a popular game indicated her desire to
fulfill M.V.’s wishes. Gonzalez opined the activities M.V. and
Mother shared, as well as their expressions of affection,
“underscore[d] a mother-daughter relationship characterized by a
capacity to create cherished moments and joyful experiences.”
Gonzalez noticed M.V. challenged Mother’s authority, but
Mother “appear[ed] to balance firmness with understanding and
affection.” Gonzalez believed the disciplinary dynamic between
M.V. and Mother might be influenced by M.V.’s attachment to
Mary V.
The monitor said M.V. became excited about visits with
Mother and “eagerly asked if they would do activities like making
slime and visiting the candy store.” M.V. attempted to persuade
Mother to purchase things for her during visits. Gonzalez
construed this as indicating M.V.’s “ability to assert her
preferences.” The monitor thought M.V. was “genuinely happy”
to be with Mother.
When Gonzalez interviewed Mother, Mother outlined the
services she had undergone and indicated a willingness to engage
in further court-ordered classes or therapy to maintain a
relationship with M.V. Gonzalez interpreted this as
“highlighting [Mother’s] commitment to her daughter and to
fulfilling court mandates.” Mother expressed remorse for her
actions and expressed concerns about M.V. sleeping in the same
bed as her grandparents and other experiences in the paternal
grandparents’ home.
3. M.V.
Upon meeting Gonzalez, M.V. addressed her as “Ms.
Gonzalez” and offered her a drink. Gonzalez found this gesture
indicative of M.V.’s politeness and her desire to make a positive
13
impression. Gonzalez’s first impression of M.V. was one of
“courtesy and eagerness.”
Gonzalez remarked on M.V.’s “ability to articulate her
feelings and preferences,” finding it indicative of her “emerging
sense of self and her capacity to express her needs and desires.”
M.V. was assertive and self-confident and had a “sense of
independence and a strong will.” Gonzalez encouraged that
M.V.’s individuality “be acknowledged and respected as she
navigates her family dynamics.”
Before the visit between M.V. and Mother, M.V. asked to
speak privately with Gonzalez and warned her that Mother
would behave differently during the visit than she did normally.
After the visit, however, M.V. said Mother had been normal
during the visit, which Gonzalez interpreted as “suggest[ing] a
sense of predictability and consistency in her mother’s behavior,
which may provide her with a degree of emotional security.”
Gonzalez reported M.V. said she felt safe with her parents
but wanted to live with Mary V. Gonzalez stated that M.V.’s
interest in continued visits with her parents and her willingness
to consider spending the night with them when she was older
indicated her desire to maintain connections with her family.
M.V.’s choice to call Mother by her first name while calling Mary
V. “Mom” “reflect[ed] her unique understanding of her familial
roles and a strategy to avoid upsetting her parents.” Overall,
M.V. “values her family connections and seeks a sense of stability
and normalcy within a complex family structure.”
4. Mary V.
According to Gonzalez, Mary V.’s interactions with M.V.
revealed “a finely tuned blend of firmness and affection.” M.V.
disobeyed Mary V.’s instructions and then engaged in
14
oppositional behavior, locking the door to her bedroom. Mary V.
remained firm, and M.V. quickly changed her behavior and
initiated hugs and kisses. Gonzalez described this as “a
remarkable display of emotional adaptability” by M.V. Mary V.
reciprocated M.V.’s affection, “a testament to the strength and
warmth of the bond between them.” M.V. felt comfortable and
secure in Mary V.’s “nurturing presence.”
5. Conclusions
M.V.’s visits with Mother and Father both included
physical closeness, shared activities, and affectionate moments.
M.V. was comfortable in her parents’ presence, “which suggests a
secure bond between [M.V.] and her father and mother.” M.V.
exhibited three of the four behavioral characteristics that define
a secure attachment: seeking comfort and support (safe haven),
feeling confident to explore her environment (secure base), and
staying within close proximity to her parent (proximity
maintenance). M.V. did not display the fourth characteristic of a
secure attachment, which is displaying signs of distress or
discomfort when apart from her parents. Gonzalez concluded
this secure attachment pattern “indicates that [M.V.] has
developed a strong and positive emotional connection with
[Mother and Father]. These relationships provide a stable source
of emotional support, comfort, and security for her.”
Gonzalez opined preserving M.V.’s relationships with her
parents would “present[] numerous potential benefits”; it could
“contribute to [M.V.’s] emotional well-being and provide her with
a sense of stability in a potentially challenging situation.”
Terminating her relationship with either parent “could have
significant emotional repercussions” for her. It “may result in
emotional distress and a sense of loss,” and “could potentially
15
lead to confusion, insecurity, and emotional trauma” for M.V.
Gonzalez stated that “any abrupt or unjustified termination of
the parent-child relationships could adversely impact [M.V.’s]
emotional and psychological development.” Gonzalez urged that
ending M.V.’s relationships with her parents “should only be
considered if it is clearly demonstrated to be in [M.V.]’s best
interest,” and recommended exploring alternative solutions to
minimize any potential emotional harm to her.
C. Gonzalez’s Testimony
Gonzalez testified that in determining whether there is a
secure attachment between a child and a parent, psychologists
look for four factors: safe haven, proximity maintenance, secure
base, and separation distress. When a child has a secure
attachment to a caregiver, it shapes their emotional and
personality development. A secure attachment with a parent
enhances the security of a child’s sense of self as they grow: The
child identifies with who they are and maintains a historical
record of who they were as a child.
Terminating, decreasing, or harming a secure attachment
“poses a threat to that child’s overall development because that is
someone that they’ve deemed as having an emotional connection
to.” Gonzalez believed M.V. had a secure attachment to both
parents.
1. Father
The basis for Gonzalez’s opinion that M.V. had a secure
bond with Father was that during the visit Gonzalez observed,
M.V. was very affectionate with Father, stayed close to him,
seemed comfortable with him, engaged in a lot of interplay with
him, and did not show signs of feeling unsafe with him, even
16
when momentarily left alone with him. To Gonzalez, M.V.
appeared “comfortable being herself” around Father, did not
hesitate in her interactions or what she had to say, and was
“direct and seemed comfortable speaking her mind.” She liked to
“share in different activities with” Father and appeared to enjoy
that they had common interests.
Gonzalez opined M.V. and Father’s relationship was
“shaped by historical stories that they share together, the
common interests, their activities and play, [and] their ability to
engage in conversations related to schoolwork.” She concluded
M.V.’s relationship with Father was not one-sided, “and it
involves different interests and actually touches and develops
different parts of her brain, like the frontal lobe and temporal
lobe and her limbic system, which have to do with emotions and
behaviors.”
When asked what “specific features” of M.V. and Father’s
relationship contributed to their bond, Gonzalez identified their
mutual affection, their ability to remain in close physical
proximity, M.V.’s behaviors demonstrating she felt safe around
Father, and M.V.’s evident ability to speak her mind without fear
of rejection by Father, all of which Gonzalez observed during
their visit.
M.V. was “likely to significantly benefit from continuing”
her relationship with Father because she was securely attached
to him, “and any secure attachment, maintaining especially with
a biological parent, plays a benefit to a child.” Continuing her
attachment with Father, Gonzalez believed, would benefit M.V.’s
overall development.
Gonzalez believed terminating M.V.’s relationship with
Father would be detrimental to her because terminating a secure
17
attachment “can cause a lot of emotional damage and problems
with development of their overall personality. And it’s in the
research which is on attachment theory. When children lose
their secure attachments, it causes them to question the loss and
it affects how they feel about themselves overall and their
connections to others, how they form relationships in the future,
whether they believe that person will abandon them in the
future, whether they should allow somebody to get close enough
knowing that they may not stay. So overall, the attachment
theory, which has been researched and tested many times since I
believe when it first came around in the ‘60s, has shown that in
the research and testing.”
Harm that could come to M.V. from ending her relationship
with Father concerned “her development and her sense of self.”
Gonzalez could not opine as to whether terminating M.V.’s
relationship with Father would be justified because that
determination involved factors other than the existence of a
secure attachment.
2. Mother
During the visit between Mother and M.V., Gonzalez
observed Mother and M.V. doing homework together, shopping at
the mall, doing an activity at a slime store, eating, and saying
goodbye. Similar to the visit with Father, Gonzalez observed that
M.V. could tolerate being in close proximity to Mother, behaved
in a manner suggesting she felt safe around Mother, and seemed
secure enough to express herself without limiting what she said
or did during the visit. These behaviors demonstrated three of
the four characteristics of a secure attachment, which indicated
M.V. had a secure attachment and a significant bond with
Mother.
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M.V. said she wanted to continue the relationship with
Mother; she seemed happy and excited to see Mother and to
spend time and engage in activities with Mother; she expressed
love for Mother; she showed no discomfort when Mother was near
her or touched her; and she exhibited no discomfort being herself.
When asked for her professional opinion of the
consequences of terminating M.V.’s bond with Mother, Gonzalez
responded, “So for any secure attachment, as I stated, when there
is a termination or removal of a secure attachment, it affects a
child[’s] overall development, their sense of self, their
identification with others, how they develop relationships in the
future.”
3. Cross-Examination by DCFS
Gonzalez testified she had reviewed more than
40 documents, but she did not speak with any social workers.
The visit with Father that Gonzalez observed lasted at least
three hours and occurred at Mary V.’s home. Observation of one
visit with each parent was sufficient for Gonzalez’s study because
she observed everything she needed to see during the visits.
Gonzalez interviewed Mary V., and while her bonding
assessment did not include Mary V., her observations suggested
M.V. had a secure attachment with Mary V.
Gonzalez testified that when assessing a parental bond,
professionals consider both the parent’s bond with a child and the
child’s bond with the parent. The primary focus was on the
child’s bond with the parent, but the parent’s bond with the child
was relevant; for instance, if a child felt they had a secure bond
with the parent but the parent did not reciprocate, “then it does
pose a detriment to the child.” Here, there were secure bonds in
both directions.
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Gonzalez opined that if parental rights were terminated
but M.V. still visited her parents, the secure bonds that currently
existed could potentially continue if M.V. “were able to continue
her frequency and the same type of relationship that she
currently has with Mother and Father.”
That M.V. wanted to be adopted would not impact
Gonzalez’s analysis in a bonding evaluation. That M.V. called
her caregivers “Mommy” and “Daddy” would not impact her
analysis because M.V.’s attachments to others do not affect her
attachments with her parents. It would not affect her analysis if
M.V. routinely chose other activities over visiting her parents,
because a child’s preference for doing something other than visit
a family member on a day-to-day basis does not change whether
they have a bond to that family member. If, however, during the
bonding evaluation, the child preferred to do something other
than be with her parents or voiced that preference, that would be
significant to the analysis. Had M.V. told Gonzalez she no longer
wished to see her parents, Gonzalez would have explored why,
but M.V. said she wanted to keep seeing her parents.
Gonzalez testified that because M.V. lived with her
paternal grandparents, she would maintain a sense of family
history even if parental rights were terminated.
4. Questions by the Court
The juvenile court confirmed it was Gonzalez’s opinion that
it would be detrimental to M.V. to terminate parental rights, and
this opinion was based at least in part on M.V.’s statement that
she wanted to continue visiting with them.
The court asked Gonzalez if her opinion would change if
she knew M.V. had said she felt good about adoption because her
grandparents said she could still visit with her parents post-
20
adoption. Gonzalez testified this would not change her opinion
about detriment because of M.V.’s age. A nine-year-old was not
mature enough to understand the effect termination of parental
rights would have on her connection with her parents or to
understand the consequences of termination. A nine-year-old,
Gonzalez testified, was too young to know what is best for her. A
12-year-old would also be too young to understand what it meant
to terminate parental rights.
Gonzalez testified a child “can start to understand the
consequences” of termination of parental rights at an average age
of 17 or 18. She was not saying that the courts could not consider
whether a child wanted to see their parent until they were 17 or
18 years old, just that the child was not mature enough to
understand the consequences until that age. Age 16 was the
earliest age at which a child could understand the consequences
of their decisions.
Gonzalez testified it would indicate some level of maturity
for a child to take into account the feelings of other people when
making decisions. The court asked if M.V.’s statement that she
felt fine about seeing her parents less often, but Mother would
not like it, sounded like M.V. understood the consequences of her
feelings and actions in taking somebody else’s feelings into
account. Gonzalez responded that M.V.’s statement showed she
understood she would still be able to see Mother if parental rights
were terminated and that Mother wanted to see her more. But,
Gonzalez continued, “I don’t think she understands that . . . if the
bond is terminated, that paternal grandmother has the decision
as to whether or not she wants to continue those visits and that
they could abruptly stop if paternal grandmother chose to; that
21
now there’s no legal rights that Mother or Father have. I don’t
think she understands those legal consequences.”
The court reminded Gonzalez the emotional, not legal,
consequences of termination were important because the
question was whether termination of parental rights would be
detrimental to M.V. emotionally, and then asked if Gonzalez had
asked M.V. how she would feel if she did not get to see her
parents anymore. Gonzalez said she asked M.V. how she would
feel if she did not see her parents anymore, but M.V. responded
she did not believe that would happen.
The court asked if Gonzalez had asked M.V. if it would
make her feel sad or upset or have any other negative feeling if
she were to see her parents less. Gonzalez stated that when she
asked how M.V. would feel if she did not see her parents
anymore, M.V. responded that she would continue to see her
parents. M.V. said when she got older, maybe she would be able
to spend the night with them, but she wanted to be older when
that happened.
The court asked, “So your position is even though she never
said she’d be sad or upset, she’s still going to be because we’re
going to sever the parental bond. Is that basically your position?”
Gonzalez answered, “My position is if she no longer had
any contact with Mother or Father or the contact was decreased
to—significantly, that it would affect her secure bond with them,
which would in turn affect her psychological and emotional
development.”
D. M.V.’s Testimony
After Gonzalez’s testimony, M.V.’s counsel advised the
court that M.V. had made several remarks during Gonzalez’s
22
testimony disagreeing with Gonzalez, and that counsel believed
M.V. needed to testify.
M.V. testified she felt “a little bit” safe with Mother and
Father. When asked why, M.V. said, “Because when I was
younger, I had got treated terribly by my parents. And I didn’t
like it. And it hurt me really bad.” She had never discussed this
with her parents. She did not feel ready to talk about it with
them. M.V. became emotional during this testimony.
M.V. testified she had a strong bond with Mother and
Father. When asked if she wanted to be adopted, M.V.
responded, “Yes.”
E. The Juvenile Court’s Ruling and Order
The juvenile court found the parents had failed to prove the
beneficial parental relationship exception. On the first element
of the Caden C.3 analysis, the court acknowledged that all parties
agreed the parents had regularly visited M.V. and described
visitation as “pretty regular” and “more or less regular.” As to
the second and third Caden C. elements, the court found the
parents had not carried their burden of proof: “I don’t think
there’s been adequate evidence, from what I’ve seen, that it is a
beneficial bond despite the doctor’s opinion[,] or that the child
would be adversely affected detrimentally, emotionally,
psychologically affected if this bond were severed.” The court
concluded, “The [section 366.26, subdivision] (c)(1)(b)(i) exception
has not been proven,” and terminated parental rights.
Both parents appeal, and each joins the other’s arguments.
3 In re Caden C. (2021) 11 Cal.5th 614 (Caden C.).
23
DISCUSSION
I. Applicable Law
At the permanency planning hearing, if the court finds that
the child is likely to be adopted and that “there has been a
previous determination that reunification services be terminated,
then the court shall terminate parental rights to allow for
adoption. [Citation.] But if the parent shows that termination
would be detrimental to the child for at least one specifically
enumerated reason, the court should decline to terminate
parental rights and select another permanent plan.” (Caden C.,
supra, 11 Cal.5th at pp. 630–631; see § 366.26, subd.
(c)(1)(B)(i)-(vi), (4)(A).)
One of the exceptions, the beneficial parental relationship
exception, applies when (1) “the parent has regularly visited with
the child”; (2) “the child would benefit from continuing the
relationship”; and (3) “terminating the relationship would be
detrimental to the child.” (Caden C., supra, 11 Cal.5th at p. 629;
see § 366.26, subd. (c)(1)(B)(i).) “The first element—regular
visitation and contact—is straightforward. The question is just
whether ‘parents visit consistently,’ taking into account ‘the
extent permitted by court orders.’ ” (Caden C., at p. 632.)
To establish the second element, that the child would
benefit from continuing the relationship, the parent must show
the child has a “substantial, positive, emotional attachment to
the parent—the kind of attachment implying that the child would
benefit from continuing the relationship.” (Caden C., supra,
11 Cal.5th at p. 636.) The “focus is the child,” and “the
relationship may be shaped by a slew of factors, such as ‘[t]he age
of the child, the portion of the child’s life spent in the parent’s
custody, the “positive” or “negative” effect of interaction between
24
parent and child, and the child’s particular needs.’ ” (Id. at
p. 632.)
“Concerning the third element—whether ‘termination
would be detrimental to the child due to’ the relationship—the
court must decide whether it would be harmful to the child to
sever the relationship and choose adoption.” (Caden C., supra,
11 Cal.5th at p. 633.) “When it weighs whether termination
would be detrimental, the court is not comparing the parent’s
attributes as custodial caregiver relative to those of any potential
adoptive parent(s). . . . Accordingly, courts should not look to
whether the parent can provide a home for the child.” (Id. at
p. 634.) “When the relationship with a parent is so important to
the child that the security and stability of a new home wouldn’t
outweigh its loss, termination would be ‘detrimental to the child
due to’ the child’s beneficial relationship with a parent.” (Id. at
pp. 633–634.)
The parent bears the burden to show the statutory
exception applies. (In re Derek W. (1999) 73 Cal.App.4th 823,
826.) When a parent meets that burden, it would not be in the
best interest of the child to terminate parental rights. In that
case the court must select a permanent plan other than adoption.
(Caden C., supra, 11 Cal.5th at pp. 636–637.)
We review the juvenile court’s findings using a hybrid
approach: for the first two elements, which require factual
findings (parental visitation and the child’s emotional
attachment), we apply the substantial evidence standard of
review; and for the court’s weighing of the relative harms and
benefits of terminating parental rights, we use the abuse of
discretion standard. (Caden C., supra, 11 Cal.5th at pp. 639–
640.) However, when the party with the burden of proof did not
25
carry the burden, “the question for a reviewing court becomes
whether the evidence compels a finding in favor of the appellant
as a matter of law. [Citations.] Specifically, the question
becomes whether the appellant’s evidence was (1) ‘uncontradicted
and unimpeached’ and (2) ‘of such a character and weight as to
leave no room for a judicial determination that it was insufficient
to support a finding.’ ” (In re I.W. (2009) 180 Cal.App.4th 1517,
1528, disapproved on other grounds by Conservatorship of O.B.
(2020) 9 Cal.5th 989, 1010, fn. 7.)
II. The Court’s Assessment of the Expert’s Opinions
A central issue raised by both parents is the juvenile court’s
rejection of the opinions expressed by Gonzalez in her bonding
study and testimony. Because the parents’ position that the
court should have credited Gonzalez’s opinions runs through so
many of their arguments on appeal, we first address this issue
separately.
Evidence Code section 730 allows the juvenile court to
appoint an expert to study the bond between a parent and child.
(In re Jennifer J. (1992) 8 Cal.App.4th 1080, 1084.) The purpose
of a bonding study is to obtain evidence of the existence and
nature of a relationship to assist the court in adjudicating the
applicability of the beneficial relationship exception, or as one
court put it, “to illuminate the intricacies of the parent-child bond
so that the question of detriment to the child may be fully
explored.” (In re S.R. (2009) 173 Cal.App.4th 864, 869; see also
In re Tabatha G. (1996) 45 Cal.App.4th 1159, 1167.) The
California Supreme Court has urged juvenile courts to consider
ordering bonding studies where requested and appropriate,
because “expert psychologists who have observed the child and
parent and can synthesize others’ observations will be an
26
important source of information about the psychological
importance of the relationship for the child.” (Caden C., supra,
11 Cal.5th at pp. 632–633 & fn. 4.)
The court, however, “is not required to accept . . . expert
opinion at face value” (In re Marriage of Battenburg (1994)
28 Cal.App.4th 1338, 1345, abrogated on other grounds as stated
in In re Marriage of Whealon (1997) 53 Cal.App.4th 132, 140,
fn. 3), and it may deviate from expert witness recommendations
“instead of acting as a ‘mere rubber-stamp’ for what the expert
thinks best.” (In re Marriage of C.D. & G.D. (2023)
95 Cal.App.5th 378, 386.)
It is the juvenile court’s role as trier of fact to weigh the
evidence. (In re Casey D. (1999) 70 Cal.App.4th 38, 52,
disapproved on other grounds in Caden C., supra, 11 Cal.5th at
p. 636, fn. 5.) The admission or rejection of expert testimony lies
largely within the discretion of the court, and its action will not
be disturbed on appeal unless the court has abused its discretion.
(Davenport v. National Reserve Ins. Co. (1928) 91 Cal.App.
460, 464; Lee v. Amazon.com, Inc. (2022) 76 Cal.App.5th 200, 222
[trial court is free to reject expert testimony so long as it does not
do so arbitrarily].) “To establish an abuse of discretion, [a party]
must demonstrate that the trial court’s decision was so erroneous
that it ‘falls outside the bounds of reason.’ [Citations.] A merely
debatable ruling cannot be deemed an abuse of discretion.
[Citations.] An abuse of discretion will be ‘established by “a
showing the trial court exercised its discretion in an arbitrary,
capricious, or patently absurd manner that resulted in a manifest
miscarriage of justice.” ’ ” (People v. Bryant, Smith, and Wheeler
(2014) 60 Cal.4th 335, 390 (Bryant).)
27
It was not an abuse of discretion for the court to reject
Gonzalez’s opinions. The court’s criticism that her opinions were
based on studies, not on facts, finds support in the evidence.
Gonzalez’s study and testimony are heavy on conclusions that
may reasonably be perceived as ticking off a psychological
checklist based on observing specific behaviors rather than
reaching an individualized conclusion taking into account the full
range of evidence relevant to whether M.V. had substantial,
positive emotional attachments to her parents. For example,
based on observing a single visit with Father, Gonzalez concluded
M.V. displayed three of the four behavioral characteristics that
define a secure attachment: seeking comfort and support (safe
haven), feeling confident to explore her environment (secure
base), and staying within close proximity to her parent (proximity
maintenance). Gonzalez had nothing more to say about the
specifics of this relationship—when asked at the hearing to
describe the “specific features” of M.V. and Father’s relationship
that contributed to their bond, Gonzalez did not speak at all
about their relationship, their history, M.V.’s emotions, the role
Father played in M.V.’s life, etc.—she just returned to identifying
affection, proximity, and a sense of safety during the one visit she
observed. Gonzalez, moreover, made it clear that seeing these
elements during a visit was all she needed to find there was a
bond; only if she did not observe the elements of a secure
attachment while observing a visit would she observe another.
There was no indication Gonzalez considered that M.V.’s
visit with Father took place at her home and in the almost
continuous presence of Mary V., or the abundant evidence in the
record that M.V. remained traumatized, felt unsafe with her
parents unless her grandmother or another adult was present,
28
and resisted sleeping alone for fear her parents would kidnap
her. In fact, Gonzalez’s many pronouncements that M.V. felt safe
with her parents were such a departure from what M.V. had
consistently reported that M.V. testified to correct the record for
the court.
Gonzalez opined continuing M.V.’s relationships with
Mother and Father could offer her non-specific “potential
benefits;” the relationships could “contribute to [her] emotional
well-being and provide her with a sense of stability in a
potentially challenging situation.” When asked for the basis for
her opinion that continuing M.V.’s relationship with Father
would significantly benefit her, Gonzalez gave a vague,
superficial answer based on the general principle that all secure
attachments benefit children: “The fact that it is a secure
attachment. And any secure attachment, maintaining especially
with a biological parent, plays a benefit to a child.· From what I
know and from [what] I observed, I feel that continuing that
secure attachment with her biological father would benefit her
overall development.” This answer did not illuminate any
particular benefits, meaning, value, or importance of the
relationship to M.V. or indicate any analysis beyond finding the
elements of a secure attachment had been met.
Gonzalez’s reliance on general psychological principles
rather than the facts of these complex relationships is perhaps
most obvious in her assessment of detriment. In the bonding
study and in her testimony, Gonzalez’s conclusions that
termination of the parental relationships would be detrimental to
M.V. were generic and based on research findings about the
potential impact of termination of secure attachments in general
rather than an analysis, guided by psychological principles, of
29
observations and evidence bearing on how M.V. would be affected
by losing these particular relationships in light of the events
giving rise to the dependency petition and thereafter. What
factors suggested to Gonzalez that terminating the relationship
with Father would be detrimental? Attachment theory research,
which shows terminating secure attachments can cause
emotional damage and development problems. What, in
Gonzalez’s opinion, would happen if M.V.’s bond with Mother was
terminated? “So, for any secure attachment, as I stated, when
there is a termination . . . of a secure attachment, it affects a
child[‘s] overall development, their sense of self, their
identification with others, [and their future] relationships.”
These answers by Gonzalez were simply not helpful.
“[H]ow and how much the loss of a relationship with a
parent may be harmful, how and how much that harm might be
offset by a new family are complex questions.” (Caden C., supra,
11 Cal.5th at p. 639.) The juvenile court could reasonably
conclude Gonzalez’s superficial answers and her recitation of
what psychological research indicated could happen when secure
attachments were terminated did not contribute meaningful
information to permit the court to assess “how [M.V.] would be
affected by losing the parental relationship—in effect, what life
would be like for [M.V.] in an adoptive home without the
parent[s] in [her] life.” (Id. at p. 633.) Ultimately, “ ‘[a]n expert’s
opinion is no better than the reasons upon which it is based.
[Citations.]’ [Citation.] ‘ “ ‘The chief value of an expert’s
testimony . . . rests upon the material from which [their] opinion
is fashioned and the reasoning by which [they] progress[] from
[their] material to [their] conclusion.’ ” ’ ” (David v. Hernandez
30
(2017) 13 Cal.App.5th 692, 704.) The juvenile court’s assessment
of the value of Gonzalez’s opinions was not an abuse of discretion.
Father contends it was an abuse of discretion for the court
to find the bonding study parent-focused rather than child-
focused. The record reasonably permitted this conclusion, as
there were elements of the bonding study that appeared to focus
far more on what the parents, especially Father, offered to M.V.,
than whether M.V. possessed a “substantial, positive, emotional
attachment to the parent—the kind of attachment implying that
the child would benefit from continuing the relationship.” (Caden
C., supra, 11 Cal.5th at p. 636.) For instance, Gonzalez described
Father as “actively engaged during the visit, showcasing his
dedication to [M.V.’s] growth,” bringing to the visit both
educational and creative materials and thereby “underlining
[Father’s] commitment to nurturing [M.V.]’s creative
development and engagement in her education,” and providing
M.V. with “educational insights” and “meaningful conversations”
that “were emblematic of his commitment to enriching her
learning experiences during the visit.”
Father argues the court discounted the bonding study
because Gonzalez did not press M.V. into describing how she
would feel if she never saw Father and Mother again and because
the court “could not wrap [its] head around the fact
that . . . Gonzalez opined that a nine-year old child is not
sufficiently mature to understand the consequences of
termination of parental rights.” Mother makes a similar
argument. The reductive nature of these arguments obscures the
real problem the court identified: Gonzalez did not gather
evidence of how M.V. believed she would feel if she did not have
any further relationship with her parents, and she discounted
31
M.V.’s express wishes purely because of her age, on the ground
that a nine-year-old was too young to be able to know what was
best for her. Gonzalez dismissed M.V.’s views because she did
not believe M.V. could understand the legal consequences of
termination, but the court correctly identified that it was the
emotional consequences that mattered; and when the court asked
if Gonzalez had asked M.V. how she would feel if she did not get
to see her parents anymore, Gonzalez revealed she had dropped
the subject when M.V. assured her that would not happen. As a
result, Gonzalez effectively omitted M.V.’s wishes (other than her
wish for continued contact with her parents) from the equation in
her analysis of detriment. The court’s questioning clearly reveals
that the court was troubled that Gonzalez opined that M.V.
would suffer detriment from the termination of parental rights
without evidence of M.V.’s feelings on the matter: “So your
position is even though she never said she’d be sad or upset, she’s
still going to be because we’re going to sever the parental bond.
Is that basically your position?” The court may have inartfully
articulated its concerns about Gonzalez’s opinions in its ruling,
but on the full record of the hearing the reasons for its credibility
assessment are clear and well within the bounds of reason. (See
Bryant, supra, 60 Cal.4th at p. 390.)
III. The Evidence Did Not Compel a Finding in
Appellants’ Favor
Father argues the evidence compelled a finding that M.V.
had a “substantial, positive, emotional attachment to the
parent—the kind of attachment implying that the child would
benefit from continuing the relationship.” (Caden C., supra,
11 Cal.5th at p. 636.) In this child-focused examination, relevant
factors include the age of the child, the portion of the child’s life
32
spent in the parent’s custody, the positive or negative effect of
interaction between parent and child, and the child’s particular
needs. (Id. at p. 632.) We conclude the evidence did not compel
this conclusion.
M.V., born in late 2014, was nine and one-half years old
when the permanency planning hearing was held in June 2024.
She had been detained from Mother and Father in November
2018, when she was four years old. From this, Father argues
that M.V. “had spent over forty percent of her life in Father’s and
Mother’s custody,” and that this supports a finding that she had
substantial, positive attachments to Father and Mother.
M.V. may have been removed from her parents’ custody at
age four, but there was evidence in the record to support the
conclusion that her paternal grandparents had been taking care
of her for most, if not all, of her life. At the time of her removal
from Mother and Father’s custody, M.V. already lived in the
paternal grandparents’ home. (In re M.V., supra, 87 Cal.App.5th
at p. 1160, fn. 2.) Legally, she was removed from her parents’
custody in 2018, but as a practical matter, her residence
remained unchanged and her parents moved out of the paternal
grandparents’ home. (Ibid.) There was evidence in the record
that M.V. had lived with the paternal grandparents since she was
one and one-half years old, and that even prior to that, she had
been in their care more than half the time. There was also
evidence, although disputed, that the paternal grandparents had
taken care of M.V. since she was born and that M.V. had been
attached to Mary V. as her primary caregiver since she was very
young. (Id. at pp. 1161, 1167.)
As for the positive or negative effects of interactions,
Father points to evidence in the record that M.V. enjoyed her
33
visits with Mother and Father, they interacted well, and the
visits were healthy for her. With only a citation to the entire
2600-page clerk’s transcript generally, Father asserts, “Indeed,
there was no evidence that the effects of visitation between [M.V.
and her parents] was anything but positive” for M.V., and he
argues this showed she had beneficial relationships with both
parents.
The evidence, however, does not establish a beneficial
relationship as a matter of law; instead, it demonstrates and
reinforces that M.V.’s relationship with her parents was
complicated and sometimes negative. As the juvenile court
found, the negative effects of M.V.’s contact with her parents
were “quite high.” There was copious evidence that M.V. did not
feel safe with her parents. M.V. slept in her grandparents’ bed
because she was afraid her parents would kidnap her. She
repeatedly told DCFS that she only felt safe with her parents
when her paternal grandparents were present, and she requested
that Mary V. always be present during parental visits. At one
point, M.V. described Mother as feeling like a stranger. Most
vividly, after hearing Gonzalez assert repeatedly that M.V. felt
safe and comfortable with her parents, M.V. testified at the
permanency planning hearing to make her feelings clear. M.V.
testified she only felt “a little bit safe” with her parents because
of what they had done to her. She remained traumatized and
was not ready to discuss these long-ago events with her parents.
Gonzalez may have testified that M.V. seemed to feel
comfortable speaking her mind with her parents during the two
visits she observed, but there was evidence M.V. did not feel safe
directly communicating her thoughts and feelings to them. M.V.
reported to DCFS that she did not tell Mother when she did not
34
want to have a visit because she did not want to hurt her
feelings. Rather than telling Mother she did not want to go to a
museum, she asked the social worker to deny Mother permission
to take her there; she did not want to tell Mother directly that
she was not interested because Mother would get angry. When
M.V. felt ill prior to a scheduled visit, she did not tell Mother or
the monitor because Mother would complain she did not receive
her full visitation time and M.V. did not want her grandparents
to get in trouble. Father often fell asleep during visits, and he
wanted her to stop calling Mary V. “Mommy,” both of which made
M.V. sad. But she did not tell Father how she felt because
sometimes her parents “do things they shouldn’t.” (This feeling
of not being able to talk to Mother and Father was parent-
specific: M.V. did not feel the same way about her grandparents
or the social worker.)
Contrary to Father’s description, visits were not always
positive. M.V. threw tantrums at visits, refusing to move until
her parents acquiesced to her wishes. Both parents pushed M.V.
to stop calling Mary V. “Mom”; Father’s disapproval of the name
she called M.V. made her sad, and Mother cried about it, leaving
M.V. shaken. M.V. felt sad during visits when Father fell asleep.
Although Mother was not permitted to photograph M.V., during
one visit Mother took a photograph of M.V. when they were
alone, and told M.V. it was a secret and not to tell her
grandmother. Mother violating the rules and then enlisting M.V.
to keep it secret from Mary V. frightened M.V. She regularly
mentioned Mother doing things during visits that she was not
supposed to do. Father also had taken a photograph of her in
violation of the rules.
35
The evidence does not compel a finding that M.V. had a
“substantial, positive, emotional attachment to the parent—the
kind of attachment implying that the child would benefit from
continuing the relationship.” (Caden C., supra, 11 Cal.5th at
p. 636.) Our determination that the evidence did not compel a
finding in the parents’ favor on the second element of the Caden
C. test makes it unnecessary to evaluate the third element of the
test. (In re Katherine J. (2022) 75 Cal.App.5th 303, 322, fn. 10
(Katherine J.).)
IV. Father’s Remaining Arguments
Father contends the juvenile court erroneously “found that
Father and Mother failed to meet the first element of the
[beneficial parental relationship] exception because they never
progressed beyond monitored visitation” or stood in a parental
role to M.V. These claims lack merit because the court found
Mother and Father visited regularly with M.V.
Father next argues the court erroneously “required the
parents to prove they occupied a parental role in [M.V.]’s life
when assessing the second element of the exception.” We are not
persuaded the court applied an incorrect legal standard in
assessing the second element. “[T]he beneficial relationship
exception demands something more than the incidental benefit a
child gains from any amount of positive contact with her natural
parent. (In re Dakota H. [(2005) 132 Cal.App.4th 212,] 229 [a
parent must demonstrate something ‘more than frequent and
loving contact, an emotional bond with the child, or pleasant
visits’]; In re Angel B. (2002) 97 Cal.App.4th 454, 468
[118 Cal.Rptr.2d 482] [“ ‘for the exception to apply, the emotional
attachment between the child and parent must be that of parent
and child rather than one of being a friendly visitor or friendly
36
nonparent relative, such as an aunt’].) The exception requires
the existence ‘ “of a substantial, positive emotional attachment” ’
between parent and child. (Caden C., supra, 11 Cal.5th at p. 633,
quoting In re Autumn H. (1994) 27 Cal.App.4th 567, 575
[32 Cal.Rptr.2d 535].)” (Katherine J., supra, 75 Cal.App.5th at
pp. 318–319.) The Supreme Court did not address in Caden C.
whether a parent must occupy a “parental role” in a child’s life in
order to form such an attachment.
As the Katherine J. court observed, “One popular way in
which courts have tried to discern the presence of ‘the mysterious
X factor’ that transforms a person from a mere ‘friendly visitor’ to
a parent with ‘ “a substantial, positive, emotional attachment” ’ to
his child is by analyzing whether the person occupies a ‘parental
role’ in the child’s life.” (Katherine J., supra, 75 Cal.App.5th at
p. 319.) The problem with the parental role terminology is that
the phrase can be understood in multiple ways, some of which are
consistent with Caden C. and some of which are not. (In re L.A.-
O. (2021) 73 Cal.App.5th 197, 211–212.) “Therefore, problems
arise when juvenile courts use the phrase ‘parental role’ without
explaining which meaning(s) they impart to it.” (Katherine J., at
p. 319.) Reversal is required in cases where a court merely
summarily states the parent had not occupied a parental role and
it cannot be determined whether the court considered proper or
improper factors. (See, e.g., L.A.-O., at pp. 211–212 [terse
statement that the parents had not occupied a parental role in a
long time could indicate either a legally correct analysis or an
erroneous one]; In re D.M. (2021) 71 Cal.App.5th 261, 268
[reversing where court’s analysis of the second element was,
“Doesn’t know his children’s medical needs. Hasn’t attended any
dental or medical appointments. He never asked anyone to
37
attend. Has not risen to the level of a parent”]; In re J.D. (2021)
70 Cal.App.5th 833, 864 [reversing termination where the
“court’s finding on the second element was conclusory and thus
problematic—that mother’s relationship with J.D. did not
‘amount to a parental bond’ ”].)
Here, while the juvenile court did discuss elements of
providing care, the court’s comments indicate it ultimately used
the concept of “parental role” to signal the opposite of a playmate.
Citing to the statement in In re Autumn H., supra,
27 Cal.App.4th at p. 575, that there will always be some
incidental benefit to a child from visits between a parent and
child, the court concluded the parents’ visits offered “only
incidental benefits for the purposes of entertaining the child[,]
like what the courts have described as like a playmate.” How
children interact with their parents is one of the factors courts
consider in evaluating this element (Caden C., supra, 11 Cal.5th
at p. 632, italics added [“courts often consider how children feel
about, interact with, look to, or talk about their parents”]), and
this conception of “parental role” is consistent with Caden C.
(See In re L.A.-O., supra, 73 Cal.App.5th at p. 211 [it is consistent
with Caden C. to define “parental role” as not merely frequent
and loving contact, pleasant visits, being a friendly visitor, or
having an emotional bond].) Accordingly, in this case, the court’s
use of the term “parental role” was not improper. (See also In re
A.L. (2022) 73 Cal.App.5th 1131, 1157 [“the strength and quality
of the parent’s relationship with the child, including whether that
parent has a parental role, is a relevant consideration to the
court’s detriment finding”].)
Further indication that the court understood the
appropriate legal standard for analyzing the second element of
38
the Caden C. test is that after the court made its “parental role”
comments, it identified and discussed the other applicable factors
set out in Caden C. for analyzing whether a child would benefit
from continuing a relationship with their parents: M.V.’s age, the
portion of her life spent in her parents’ custody, and the positive
or negative effect of interaction between M.V. and her parents.
(Caden C., supra, 11 Cal.5th at p. 632.) Father has not
established any error.
V. Mother’s Arguments
“The Due Process Clause entitles a person to an impartial
and disinterested tribunal,” (Marshall v. Jerrico, Inc. (1980)
446 U.S. 238, 242), and “ ‘[i]t is axiomatic that due process
guarantees apply to dependency proceedings.’ ” (In re Valerie A.
(2007) 152 Cal.App.4th 987, 1006.) Mother accuses the juvenile
court of depriving her of due process and acting with bias at
nearly every point in the proceeding on remand. Inter alia, she
claims the court was biased against her and in favor of the
caregivers, prejudged the case, misapplied the law, twisted the
facts, pressured the litigants to contravene their best interests,
denied her the benefit of her appointed counsel, engineered
M.V.’s testimony to use it against the parents, and unreasonably
discounted Gonzalez’s opinions to justify discarding them.
“ ‘Bias or prejudice consists of a “mental attitude or
disposition of the judge towards [or against] a party to the
litigation.” ’ ” (Roitz v. Coldwell Banker Residential Brokerage
Co. (1998) 62 Cal.App.4th 716, 724.) “The appellate court’s role is
not to examine whether the trial judge’s behavior left something
to be desired, or whether some comments would have been better
left unsaid, but to determine whether the judge’s behavior was so
prejudicial it denied the party a fair, as opposed to a perfect,
39
trial.” (Schmidt v. Superior Court (2020) 44 Cal.App.5th 570, 589
(Schmidt).)
“Mere expressions of opinion by a trial judge based on
actual observation of the witnesses and evidence in the courtroom
do not demonstrate a bias.” (People v. Guerra (2006) 37 Cal.4th
1067, 1111, overruled on another ground in People v. Rundle
(2008) 43 Cal.4th 76, 151; see also Liteky v. U.S. (1994) 510 U.S.
540, 555 [“[O]pinions formed by the judge on the basis of facts
introduced or events occurring in the course of the current
proceedings, or of prior proceedings, do not constitute a basis for
a bias or partiality motion unless they display a deep-seated
favoritism or antagonism that would make fair judgment
impossible. Thus, judicial remarks during the course of a trial
that are critical or disapproving of, or even hostile to, counsel, the
parties, or their cases, ordinarily do not support a bias or
partiality challenge”].)
“As the trier of fact, the trial court must evaluate the
credibility of witnesses and make determinations when
conflicting evidence is presented. The trial court’s ‘reliance on
certain witnesses and rejection of others cannot be evidence of
bias no matter how consistently the [trial court] rejects or doubts
the testimony produced by one of the adversaries. . . . .“[T]otal
rejection of an opposed view cannot of itself impugn the integrity
or competence of a trier of fact.” ’ ” (W.S. v. S.T. (2018)
20 Cal.App.5th 132, 154.) “The mere fact that the trial court
issue[s] rulings adverse to [a party] on several matters in this
case, even assuming one or more of those rulings were erroneous,
does not indicate an appearance of bias, much less demonstrate
actual bias.” (Brown v. American Bicycle Group, LLC (2014)
224 Cal.App.4th 665, 674.)
40
“[T]he burden of proof is on appellant as the party claiming
bias to establish facts supporting her position.” (Betz v. Pankow
(1993) 16 Cal.App.4th 919, 926.) We review allegations of bias on
the basis of the entire record and with the presumption the trial
court acted in good faith. (See People v. Peoples (2016) 62 Cal.4th
718, 789; People v. Chatman (2006) 38 Cal.4th 344, 363–364
(Chatman); Evid. Code, § 664 [“It is presumed that official duty
has been regularly performed”].) We presume the honesty and
integrity of those serving as judges. (Chatman, at p. 364.)
We find no merit to Mother’s allegations. Some of her
arguments are presented in a manner that fails to present an
issue for our review. Many contradict the record or require a
reading of it in a way that defies common sense. Others would
require us to adopt the most nefarious interpretations of the
juvenile court’s statements and actions, which we may not do in
the absence of evidence supporting such inferences. “[I]n the
absence of a showing to the contrary we must assume that the
trial judge performed his duty without bias or prejudice.”
(Rosenfield v. Vosper (1948) 86 Cal.App.2d 687, 694 (Rosenfeld).)
A. Due Process
In Mother’s first argument on appeal, she alleges the
juvenile court acted as an advocate, directed parties to sign
irrelevant documents, instructed the paternal grandparents how
to avoid a legal guardianship, attempted to prevent the expert
witness from testifying, mischaracterized witness testimony, and
relied on speculation rather than evidence to ignore a witness
whose testimony did not conform with the court’s “predetermined
plan.” This list of complaints is not supported by any citations to
the record, explanation, factual analysis, or cognizable legal
argument. Counsel’s noncompliance with rules of appellate
41
procedure renders this passage insufficient to present a
cognizable issue. The juvenile court’s judgment is presumed to be
correct, and it is appellant’s burden to affirmatively show error.
[Citation.] To demonstrate error, appellant must present
meaningful legal analysis supported by citations to authority and
citations to facts in the record that support the claim of error.
[Citations.] When a point is asserted without argument and
authority for the proposition, ‘it is deemed to be without
foundation and requires no discussion by the reviewing court.’ ”
(In re S.C. (2006) 138 Cal.App.4th 396, 408.)
B. Substitution of Judgment for the Legislature
Mother claims the court substituted its judgment for that of
the Legislature and nullified the beneficial parental relationship
exception by interpreting it to mean it “did not apply to preserve
a nurturing and positive relationship with a child shared with
her parents because doing so would also benefit the
parents.” We find it difficult to imagine a circumstance in which
a parent who seeks to preserve their parental rights would not
benefit by succeeding. Thus, this seems an unlikely principle to
have been announced by the juvenile court, particularly without
immediate objection from the parties. Not surprisingly,
therefore, at no point on the page of the transcript to which
Mother directs this court (without any explanation of what
language on this page amounts to her claimed pronouncement),
nor indeed anywhere in the court’s explanation of its ruling, did
the court say it would not apply the beneficial relationship
exception if the parents benefitted from maintaining the
relationship with their child as well. Rather, the court accurately
stated that the analysis of the exception’s applicability focuses on
the child rather than the parents, which is the law (Caden C.,
42
supra, 11 Cal.5th at p. 632); criticized the expert’s opinion for
what it perceived as focusing on benefit to the parents rather
than benefit to M.V.; and then began the Caden C. analysis. We
find no indication in the record that the court ignored, nullified,
or misunderstood the exception.
C. Post-Adoptive Agreement
Some of Mother’s most elaborate allegations of bias and
prejudgment center on the issue of a post-adoptive agreement.
Adoption by the paternal grandparents had been identified as the
permanent plan for M.V. because a concurrent planning
assessment was completed in May 2019 and it remained the
permanent plan at all times. On April 27, 2023, at the first
hearing held after remand and reassignment of the case to a new
bench officer, the juvenile court ordered counsel to select an
evaluator to perform a new bonding study; and in preparation for
that study, it directed DCFS to make an assessment of both
adoption and a legal guardianship, prepare a visitation log, and
interview M.V. as to her feelings about a possible termination of
parental rights and end to visitation. The court also said, “Well,
it’s a little late in the day, but we’re going to have the matter sent
out for assessment by the Consortium [for Children] for post-
adoptive visits.· And while I may not use that in my analysis, it is
something that I think ought to at least be initiated and
considered; so if the court is in agreement that parental rights do
need to be terminated, that the process for some kind of post-
adoptive visits at least be in progress.”
Mother characterizes this comment as “evidenc[ing] the
court’s intended ruling on [M.V.]’s permanency” by “t[elling] the
parents to enter into post-adoptive agreements[,] failing to
disclose that this would lead to the termination of parental
43
rights.” We find no indicia of improper motives or prejudgment
from the court’s effort to ensure that in the event parental rights
were ultimately terminated, M.V. could potentially remain in
contact with her parents as she, and presumably they, desired.
As adoption had been identified as the permanent plan, for the
court to be considering issues relating to a potential adoption was
perfectly appropriate and not indicative of bias. Moreover, the
court’s words and conduct at the hearing contradict Mother’s
claims: it directed DCFS to assess both adoption and legal
guardianship, and it told the parties at this hearing, “We’re going
to get you a different expert.· We’re going to take it from the
beginning. I have no preconceived notions about this case since I
haven’t handled it.· I’ve read the file all the way back to the
original petition, but I haven’t come to any conclusions yet.· And
we need to have an expert say what it is we have in the way of a
relationship and whether or not it would be a detriment to the
child to break up that relationship.” Finally, we are at a loss to
understand Mother’s conclusory claim that entering into a post-
adoptive agreement would lead to the termination of parental
rights given that the court expressly stated at the permanency
planning hearing that it was not taking any agreement into
consideration.
The court followed up on the possibility of a post-adoptive
contract at the hearing on January 17, 2024, instructing counsel
for DCFS to explain to the caregivers and the parents what a
post-adoptive contract was and to obtain a “firm answer” whether
they were willing to enter into one. Mother describes this as
“t[aking] matters a step further in pushing for a post-adoption
agreement.” We see no reason in the record to construe the
44
court’s desire to ascertain whether a referral to the Consortium
could be fruitful as taking any step or pushing for any outcome.
At the January 17, 2024 hearing, when the court expressed
a need to know whether the caregivers would enter into an
agreement, Mary V. advised the court it was her intent to do so.
However, in late February 2024, DCFS reported to the court that
an agreement might not be feasible: Mary V. told DCFS the
grandparents preferred to proceed without a post-adoption
contract because they did not want to be constrained by an
agreement.
When the parties next appeared, on March 6, 2024, the
court advised that DCFS was proposing grandparental adoption
with a post-adoption contract: “[W]hat the Department is saying
is that if we can get a post-adoptive agreement, maybe everybody
can agree on that so then we can go forward with an adoption
and the parents would have legal rights to visits.” The court
pointed out to both the grandparents and the parents that
DCFS’s recommended resolution might not get them everything
they wanted but offered benefits to them nonetheless. First, the
court reminded the paternal grandparents that while they might
dislike the idea of a legalized document concerning visits, if they
declined to agree to visits and a contested permanency planning
hearing took place, they could end up with a legal guardianship
rather than an adoption, which would result in exactly having to
adhere to a binding document about visits. Mary V. reaffirmed
her willingness to enter into a post-adoptive contract, and the
court instructed her to tell DCFS, after which the parties’
attorneys would “try and work it all out to see whether or not the
parents can go along with that.”
45
Second, turning to the parents, the court warned that “with
this family having taken care of this child virtually since birth,
the case law says adoption is really the best plan. And there’s a
very strong likelihood mom and dad are going to lose on that.
But if we can get you visits so you can maintain a relationship
going to birthday parties, things of that nature, you’re still going
to have an opportunity to be in the child’s life.”
The court urged the parties to cooperate. “No one wins
these big family fights. All we do is solidify a lot of animosity.
Because you said something or she said something or the doctor
said this or said that against you or against her or whatever, and
everybody’s upset and they don’t want to let go of that anger.
Why do we need to go there?” The court said it would not keep
continuing the case and expressed a desire for prompt resolution.
It said, “[N]ext time we come [to court], I’m hopeful that
everybody can agree. We’ll have the child here. We’ll have you
here. We’ll have mom and dad here. We’ll have whoever else
wants to be here. And we can get this done as a family. As a
family. And then, hopefully, this won’t take but five minutes to
get all of this done. We don’t need to have the doctor [Gonzalez]
testify [at a permanency planning hearing] if everybody can agree
on the adoption with the post-adoptive agreement.”
The court confirmed that counsel for the parents and for
DCFS understood, and emphasized that it “want[ed] this worked
out.” The court commented, “There really shouldn’t be an issue.
The child’s been with [the] grandparents for virtually her whole
life, and she’s nine.” It agreed to Father’s request that Gonzalez
be ordered back for the next hearing in case no resolution was
reached and ordered that M.V. be present for the next hearing,
but it observed that if the parents and caregivers were willing “to
46
be reasonable and we can get a post-adoptive agreement, then
everybody should agree on the adoption.”
Mother views the court’s statements at this hearing as
demonstrating it “had already made its permanency
determination for [M.V.] even before . . . Gonzalez testified”;
mandating that the parties enter into a post-adoptive contract;
giving legal advice to Mary V.; and directing the caregivers how
to avoid a legal guardianship. Mother further alleges that
because the court interrupted her counsel while confirming
counsel understood the court’s wishes, she was “deprived . . . of
the benefit of her appointed counsel in order to impose on the
parents its directives to sign post-adoption agreements without
argument.”
At the hearing, the court also said it had previously
“chewed out” the lawyers for not trying to resolve the case,
observed that sometimes when attorneys were involved, “that’s
just what happens,” and instructed the attorneys to “act[]
reasonably.” Mother claims the court was denigrating and
criticizing the attorneys for attempting to fulfill their ethical
obligations to represent their clients.
“Expressions of opinion” as to the advisability of settling a
case, or of a party’s likelihood of success, when made in what the
court “conceives to be a discharge of [its] official duties, do not
evidence a bias or prejudice which would prevent [the court] from
being entirely fair and impartial in the trial.” (Garcia v. Estate of
Norton (1986) 183 Cal.App.3d 413, 422–423.) While “[r]epeated
admonitions to ‘settle the case’ ” may indicate prejudice (Pacific
etc. Conference of United Methodist Church v. Superior Court
(1978) 82 Cal.App.3d 72, 86), here the admonitions to explore
whether a resolution could be reached were addressed equally to
47
all sides, focused on bringing the family together in the interest
of the child at the center of the dependency proceedings, and were
based on reasoned explanations of the benefits of cooperation and
the risks both the caregivers and the parents took by engaging in
protracted litigation. The court’s exhortations demonstrated no
bias against any party, only the conviction that it does not serve
anyone when adults become entrenched in their positions and
fight rather than attempting to reach a cooperative resolution for
the benefit of the child involved.
The court’s efforts to encourage the parties to explore
whether an amicable resolution regarding permanency could be
reached indicated not prejudgment of the merits but a recognition
of the realities of the situation. Given the legislative preference
for adoption and the exceptional circumstances necessary to
depart from the norm of adoption (Caden C., supra, 11 Cal.5th at
p. 631), the duration of M.V.’s life spent with the grandparents,
M.V.’s consistent expressions that she felt safe with her
grandparents, the evidence she did not feel safe with her parents
without her grandmother present, and her consistent, oft-
repeated desire to be adopted by her grandparents and to
continue to visit with her parents, it was not an expression of
bias for the court to agree with DCFS that an agreement for
adoption with a post-adoptive contract was worth exploring and
could be a potentially beneficial resolution of the case for all.
As for Mother’s arguments that she was deprived of her
right to counsel, the record does not show that Mother was
prevailed upon to execute an agreement or forfeit any right
without consulting with her counsel. It is hardly a deprivation of
the right to counsel to be referred to the Consortium for Children
to explore whether a post-adoption contract could be successfully
48
mediated. And given the extended delays in obtaining
permanence for M.V. that had already occurred, we neither fault
the court nor find evidence of bias in the court’s criticism of
counsel for moving slowly and its demand that the parties
determine quickly whether they could reach agreement or
whether a contested permanency planning hearing would be
necessary. (See People v. Snow (2003) 30 Cal.4th 43, 78–79 [it is
within the court’s discretion to rebuke attorneys for delaying
behavior; “manifestations of friction between court and counsel,
while not desirable, are virtually inevitable in a long trial”].)
Finally, Mother argues it showed bias that the juvenile
court “induced” and “instructed her to sign” a post-adoptive
agreement but later nullified the benefit she would have received
under the agreement by advising the grandparents, after
terminating parental rights, that they had the authority to decide
whether to allow parental visitation. The record does not
demonstrate that the court instructed, induced, mandated, or
forced the parents to agree to a post-adoptive contract. The court
expressed its view that the disposition DCFS proposed was a
reasonable one that would unite the family in M.V.’s best
interest, and that if the parties all behaved reasonably a
contested permanency planning hearing could be avoided and a
positive outcome reached for M.V. This does not suggest bias and
we may not presume bias where none is shown. (Chatman,
supra, 38 Cal.4th at pp. 363–364; Rosenfield, supra,
86 Cal.App.2d at p.694; Evid. Code, § 664.)
D. Alleged Attempts to Discredit Gonzalez
Mother interprets the court’s decision to reject Gonzalez’s
opinion as an “attack on her . . . findings to justify ignoring them
in order to arrive at its predetermined goal.”
49
Some of Mother’s claims in this regard contort the court’s
reasoning. Mother argues the court rejected Gonzalez’s opinion
because she used “scientifically developed criteria” based on
psychological research. The record shows the court did not fault
Gonzalez for employing science but for relying on psychological
research to the near exclusion of actual facts about M.V., her
relationships, and her emotions that would have allowed
Gonzalez to meaningfully evaluate the significance of her bonds
with her parents. Mother also asserts the court rejected
Gonzalez’s opinions because she did not respect M.V.’s wishes
and she believed M.V. was too young to know her best interest.
But as more thoroughly discussed above, the court’s concerns
regarding M.V.’s preferences and interest appear to have been
that Gonzalez reached her opinion on detriment (1) without
evidence of how M.V. felt about severing her relationship with
her parents, and (2) by discounting M.V.’s express wishes based
on a categorical belief that a nine-year-old was too young to be
able to know what was best for her, meaning that very little
about M.V.’s preferences played into the expert’s opinion. Given
that the court is statutorily required to consider the child’s
wishes at the permanency planning hearing (§ 366.26, subd.
(h)(1)), the court could reasonably find to be of little value an
opinion that largely excluded them from the analysis, and it was
entitled as the trier of fact to put more value on M.V.’s expressed
feelings and desires than on Gonzalez’s circumscribed
assessments.
Other allegations contort the record. Mother contends the
court revealed its bias against her when it asked Gonzalez
whether she had assessed M.V.’s bond with her paternal
grandmother, and that this question “reflected the ongoing
50
concern of the court about the grandmother’s interests.” But the
court did not ask that question—counsel for DCFS did. Mother
argues the court engineered circumstances to ensure that M.V.
testified, thereby traumatizing her and giving the court the
opportunities to (1) attribute her trauma to not wanting to be
returned to her parents and (2) criticize Gonzalez’s opinion for
failing to appreciate that trauma. The court did instruct that
M.V. be present at the permanency planning hearing, but the
court did not invite, prompt, or direct her to testify. Rather,
M.V.’s counsel chose to have M.V. testify because M.V. disagreed
with the content of Gonzalez’s testimony.
Mother’s arguments concerning the court’s assessment of
Gonzalez’s testimony largely boil down to disagreeing with the
court’s credibility determination and blaming it on prejudice.
However, as discussed above, it was not an abuse of discretion to
reject Gonzalez’s opinion. “Finding a witness believable [or not
believable] does not demonstrate bias. It demonstrates
judgment.” (Schmidt, supra, 44 Cal.App.5th at p. 592.)
Operating on the belief that it was error to “declin[e] to
apply the beneficial parental exception in this case after a
professional [Evidence Code section] 730 evaluator determined
the child would be detrimentally impacted by the termination of
parental rights,” Mother asserts the court speculated and
mischaracterized the evidence to “justify ignoring” Gonzalez’s
findings and to support its ruling. Basically, Mother claims that
having prejudged the case, the court had to find a way to
discredit Gonzalez’s opinions in order to bring about its
“predetermined judgment for adoption.” Based on a thorough
review of the record on appeal, we reject Mother’s speculative
claim. “When making a ruling, a judge interprets the evidence,
51
weighs credibility, and makes findings. In doing so, the judge
necessarily makes and expresses determinations in favor of and
against parties. How could it be otherwise? We will not hold
that every statement a judge makes to explain his or her reasons
for ruling against a party constitutes evidence of judicial bias.”
(Moulton Niguel Water Dist. v. Colombo (2003) 111 Cal.App.4th
1210, 1219.) Mother has failed to show judicial bias denying her
a fair trial. Instead, the record shows the court understood the
facts and the law and made a reasonable decision based on the
evidence before it.
VI. Mother’s Briefing
We must address the regrettable briefing submitted by
Mother’s appellate counsel. Mother’s appellate briefing is little
more than a screed against the juvenile court, imbuing almost its
every word or action with a malevolent intent that is not
supported by the record. Mother’s appellate counsel postulates a
moustache-twirling villain of a juvenile court that “prejudged the
permanency with a focus on adoption, never entertaining another
permanent plan,” resolved from its very first hearing in the case
to ensure M.V. was adopted by the paternal grandparents, and
“announced” its plan “long before the permanency hearing.” She
accuses the court of recognizing the value of Gonzalez’s opinions
and the danger they posed to its preordained outcome, and
alleges the court sought to “derail” Gonzalez and “prevent” her
from testifying. The juvenile court, she declares, made “concerted
efforts” to “induce[]” and “force parties to sign a post-adoptive
agreement contrary to their parental rights” that would “enable it
to ignore” Gonzalez’s findings, and it even “mandated [the]
parents to act against their best interests.” The court tried to
“undermine the right of effective representation to which the
52
parents were entitled” and to “pressurize” the parents’ attorneys
into acting against their clients’ interests. When the court “failed
to prevent . . . Gonzalez from testifying altogether, it then made
every attempt to discredit her professional evaluation” because it
“did not comport with the court’s predetermined judgment for
adoption.” Ultimately, Mother charges, the court “ignored the
statutory law” to achieve its ends. This is only a partial list of
Mother’s counsel’s allegations against the juvenile court.
These overheated accusations “cannot be fairly
characterized as acts of zealous advocacy” (Martinez v. O’Hara
(2019) 32 Cal.App.5th 853, 857) in an effort to challenge the
court’s order. Instead, Mother’s appellate briefs repeatedly
accuse the juvenile court of intentionally refusing to follow and
apply the law in a deliberate, long-term plan to manipulate the
parties and violate their rights to achieve its preconceived goal.
As discussed above, there is no support in the record for such
serious charges. When made without evidentiary support,
accusations that a judicial officer intentionally refused to follow
and apply the law constitute reportable misconduct. (Id. at
pp. 857–858.)
Additionally, Mother’s appellate counsel’s language is
unprofessional and intemperate. Attorneys have a duty to
“maintain the respect due to the courts of justice and judicial
officers.” (Bus. & Prof. Code, § 6068, subd. (b).) “ ‘[I]t is vital to
the integrity of our adversary legal process that attorneys strive
to maintain the highest standards of ethics, civility, and
professionalism in the practice of law.’ ” (In re S.C., supra,
138 Cal.App.4th at p. 412.) With this contemptuous tirade,
counsel’s language “lurched off the path of discourse and into the
ditch of abuse.” (In re Mahoney (2021) 65 Cal.App.5th 376, 381.)
53
“This kind of over-the-top, anything-goes, devil-take-the-
hindmost rhetoric has to stop. [¶] If you think the court is wrong,
don’t hesitate to say so. Explain the error. Analyze the cases the
court relied upon and delineate its mistake. Do so forcefully. Do
so con brio; do so with zeal, with passion. We in the appellate
courts will respect your efforts and understand your ardor. . . . [¶]
But don’t expect to get anywhere—except the reported
decisions—with jeremiads.” (Id. at p. 380.)
We will forward a copy of this opinion to the California
Appellate Project—which oversees the work of appointed
appellate counsel—for whatever action it deems appropriate.
DISPOSITION
The order terminating parental rights is affirmed.
CERFTIFIED FOR PUBLICATION
STRATTON, P. J.
We concur:
GRIMES, J.
WILEY, J.
54