Guardianship Of Phillip B.

139 Cal.App.3d 407 (1983)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Phillip B. (C) was born with Down's Syndrome. C was transferred to a licensed board and care facility for disabled children a few days after his birth. The facility was clean but offered no structure, education, or developmental programs. It required that all children up to eight-years-old sleep in cribs. By the time C was three, he was diagnosed with a congenital heart defect. By six, no action regarding his heart condition was taken. C was transferred to another care facility when he was seven and has remained there until this trial. Things began to improve for C when volunteers began to get involved in his life. Patsy (P). and her family, who can be described as nothing but saints in their own right, got C into a preschool in 1972 and began to address C as a human being with potential for a quality life. The biological parents basically were not there for C and C's attachment to his new family was developing quite well. The issue of C's heart defect is at the core of this case with P. and her family wanting the procedure performed and D's biological parents opposed. The biological parents disapproved of the procedures, and this decision was challenged by the district attorney in juvenile court. The juvenile court dismissed the action and that was sustained on appeal. Suddenly, C's biological mother forbade C to visit P, and this had an adverse and severe effect on C. The evidence showed that C had an IQ of 57 and was capable of learning and living alone or semi-independent. This suit for guardianship was initiated. P got custody.