In re P.S. CA5

INTRODUCTION

G.S. (Father) and M.G. (Mother) filed timely notices of appeal following the termination of their parental rights to now two-year-old P.S. and one-year-old A.S. (the children) under Welfare and Institutions Code section 366.26.1 Father, joined by Mother, claims the juvenile court erred when it found the parental-benefit exception did not apply and terminated their parental rights.2 (§ 366.26, subd. (c)(1)(B)(i).) Kern County Department of Human Services (the Department) disputes there was any error and seeks affirmance of the juvenile court’s order. We find no error and affirm.

FACTUAL AND PROCEDURAL HISTORY3

I. P.S.’s Removal and Detention

P.S. was born approximately six weeks premature in August 2022. She had a cleft palate, which caused feeding difficulties, and, after her discharge from the hospital in September 2022, she was regularly monitored by a pediatrician to ensure weight gain. She lived with Father and Mother, who were unmarried and in an intact relationship, her maternal grandparents, and her half-sibling, four-year-old V.M. In late October 2022, Mother took P.S. to urgent care because P.S. and V.M. were both “nasally” after a visit to the park.…