ELANOR P. V. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES 181 Cal.App.4th 50 (2010) CASE BRIEF

ELANOR P. V. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

181 Cal.App.4th 50 (2010)

NATURE OF THE CASE: Eleanor P. and Martin S. (Ps) appeal from an order denying their petition to set aside their Ukrainian adoption of a Ukrainian girl, M.S.

FACTS: Ps began the process to adopt a foreign-born child. Ps engaged a California lawyer and a private California adoption agency, Heartsent Adoptions, Inc. (Heartsent), which was licensed by the Department to provide noncustodial intercountry adoption services. Ps spent several weeks in Ukraine for the adoption. On December 15, 2003, by decree of a Ukrainian court, Ps adopted M.S., a three-year-old Ukrainian girl. The medical history of the girl says that she is almost healthy though psychologically delayed.' The mother was mentally ill and also had epilepsy. Ps assert they believed M.S. was healthy and were not aware of this medical background information until after the adoption was finalized, and the documents were not translated for them until after the adoption was completed. Ps did not 'readopt' M.S. in California, as authorized by section 8919. M.S. was diagnosed with spastic cerebral palsy, reactive attachment disorder, oppositional defiance disorder, moderate mental retardation, global developmental delay, ataxia, fetal alcohol syndrome or effect, microcephaly, and posttraumatic stress disorder. Ps assert M.S. cannot live in a normal home environment, is unadoptable, and has been living in intensive foster care placement in Arizona since 2005. Ps filed a motion to set aside the adoption. The Department (D) opposed the motion as it was in applicable to inter-country adoptions. The petition was denied. Ps appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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