In re Beatrice M

In In re Beatrice M. (1994) 29 Cal.App.4th 1411, twin girls born suffering from prenatal drug exposure were placed at birth with their maternal aunt. The parents maintained frequent and loving contact, but the court terminated parental rights, finding the relationship was not a parental one, but more like that with an extended family member. ( Id. at p. 1417.) The appellate court affirmed, finding correct the court's determination the mother's relationship with the girls was not a parental one. ( Id. at p. 1420.) In In re Beatrice M. (1994) while the twins had daily contact with their parents, the problem lay in the nature of that contact. (In re Beatrice M., supra, 29 Cal.App.4th at p. 1416.) As the biological mother acknowledged, the aunt played the role of "'primary mother.'" (Id. at p. 1417.) The twins looked to the aunt as a mother figure, seeing their biological mother more as an aunt. (Id. at p. 1419.) The biological mother simply had not built a close parental relationship with these children. The Court held that the exception should not be applied when "a parent has frequent contact with but does not stand in a parental role to the child." ( In re Beatrice M., supra, at p. 1420.) The court explained: "We do not agree that frequent and loving contact with the girls is sufficient to establish the 'benefit from a continuing relationship' contemplated by the statute. No matter how loving and frequent their contact with the girls, appellants had not occupied a parental role in relation to them at any time during their lives." ( Id. at pp. 1418-1419.)