In re Elise K

In In re Elise K. (1982) 33 Cal. 3d 138, at the time of the termination of rights (under old Civ. Code, 232), the "outlook for adoption was exceedingly favorable." (Elise K., at p. 148 (conc. opn. of Bird, C. J.).) Then the adoptive placement failed, and the child's age rendered her unlikely to be adopted. (Ibid.) She was in the position of "having neither a parent nor a prospect of gaining one through adoption." (Ibid.) The Court of Appeal, however, "declined to give weight" to the new postjudgment evidence. ( Id. at p. 139 (maj. opn.).) Our Supreme Court took the case and, by contrast, found it "appropriate" to accept a stipulation allowing the reversal of the termination order. (Ibid .) The Chief Justice, joined by Justice Reynoso, wrote separately to demonstrate the wisdom of having appellate courts take cognizance of the changed circumstances. ( Id. at pp. 139-151, (conc. opn. of Bird, C. J.).)