Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. J514906F, Yvonne E. Campos, Judge.
HUFFMAN, Acting P. J.
Robert P. appeals the judgment terminating his parental rights over Patrick B. He contends the adoptability finding is unsupported by substantial evidence. We affirm.
BACKGROUND
In April 2008 the San Diego County Health and Human Services Agency (the Agency) filed a dependency petition for Patrick. He and his mother tested positive for methamphetamine and amphetamine when he was born. She used drugs during pregnancy and had little prenatal care. Patrick was detained in a foster home that later became a placement. In December he was moved to an approved prospective adoptive home. The court terminated parental rights in February 2009.
DISCUSSION
An adoptability finding requires "clear and convincing evidence of the likelihood that adoption will be realized within a reasonable time." (In re Zeth S. (2003) 31 Cal.4th 396, 406, citing In re Jennilee T. (1992) 3 Cal.App.4th 212, 223.) General adoptability "focuses on the minor, e.g., whether the minor's age, physical condition, and emotional state make it difficult to find a person willing to adopt the minor." (In re Sarah M. (1994) 22 Cal.App.4th 1642, 1649, italics omitted.) While psychological and developmental issues may make it more difficult to find adoptive homes, they do not necessarily preclude a general adoptability finding. (In re Jennilee T., supra, at pp. 224-225.) Similarly, in utero drug exposure does not preclude such a finding. (In re R. C. (2008) 169 Cal.App.4th 486, 492.) A child who is not generally adoptable may be specifically adoptable because an identified family is willing to adopt him. (In re Sarah M., supra, at p. 1650.) That family's willingness to adopt the child "indicates [he] is likely to be adopted within a reasonable time either by [that family] or by some other family." (Ibid., italics omitted.)
There is substantial evidence to support the finding Patrick was generally and specifically adoptable. (In re J. I. (2003) 108 Cal.App.4th 903, 911.) At the time of the hearing, he was only 11 months old. He was an adorable, happy baby. He was personable and socially interactive, smiled and giggled easily, and made eye contact. He ate and slept regularly and had no mental delays. He did have medical issues. When he was a few weeks old, Patrick became purple when upright, raising concerns about his circulation. This problem ameliorated over time. He had a swollen larynx that made breathing difficult and caused sleep apnea. Surgery was planned to correct the problem. Patrick also had developmental delays. When he was five months old, he could not push himself up or turn his head when lying on his stomach. By the time he was eight months old, he had begun Early Start to address his developmental issues. The search for an adoptive home was more challenging than usual because Patrick had a potential family history of mental illness. Robert claimed he had received a diagnosis of schizophrenia "because [he] was on methamphetamine." He also claimed he had attention deficit hyperactivity disorder.
Despite Patrick's special needs, the Agency believed his positive qualities made him generally adoptable. His foster mother had provided consistent care for his medical, developmental and emotional needs since his birth, preventing any further trauma. The prospective adoptive family was aware of Patrick's medical and developmental issues and Robert's possible psychiatric history. The Agency had home studies of two other San Diego families who would consider adopting a child with Patrick's characteristics, including a birth parent with mental illness. There were also many resources for locating adoptive homes outside of San Diego for special needs children.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HALLER, J., McINTYRE, J.