In re E.L.
The court held that, under California Code of Civil Procedure §909, an appellate court may freely receive and consider additional evidence on the record to decide a probate appeal terminating parental rights, and therefore affirmed the termination of the mother's and father's rights without ordering a new trial, confirming that such probate appeals may be resolved in a single proceeding when the interests.
Date Filed: September 16, 2022
Case Name: In re E.L.
Case Number: B316261M
Court: California Court of Appeal, Second Appellate District, Division Six
The Court decides whether an appeal terminating parental rights under Probate Code §1516.5.2 may be decided on the record alone by admitting additional evidence under California Code of Civil Procedure §909. It holds that the appellate court may freely take new evidence on appeal, uses that authority to affirm the termination of the mother’s and father’s rights, and finds no need for a new trial. This ruling clarifies that California probate appeals can be resolved in a single proceeding when the interests of justice are served, expanding the scope of §909’s liberal construction in termination‑of‑parental‑rights and adoption cases.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.