In re Helen W

In In re Helen W. (2007) 150 Cal.App.4th 71, two young children "suffered from various physical and developmental conditions that required a series of evaluations and tests during their dependency." (In re Helen W., supra, 150 Cal.App.4th at p. 74.) One was developmentally disabled and had serious neurological abnormalities; the other was mildly autistic, was "significantly below average in intellectual, speech and language, and adaptive functions," and exhibited violent behavior towards other children. (Id. at p. 75.) According to the social services agency, "even though the children have significant medical and developmental challenges, they each exhibited likeable qualities, and the foster mother was committed to adopting both of them." (Id. at p. 76.) Nonetheless, the mother argued on appeal that the court's adoptability finding was not supported by substantial evidence. Rejecting that argument, the appellate court explained: "Both children suffer from conditions that require time to determine the full severity of the issues they will face. But the agency methodically reported the children's medical, developmental, emotional, and behavioral conditions throughout the two years of their dependency. The adoption assessment included a synopsis of the children's conditions. And the foster mother -- the prospective adoptive parent -- accompanied the children to appointments, advocated for services, and was fully aware of their medical and psychological conditions. Nowhere in the statutes or case law is certainty of a child's future medical condition required before a court can find adoptability. " (Id. at p. 79.)