In Re Mary G.

Carl Fabian, under appointment by the Court of Appeal, for Minor.

McCONNELL, P.J.

Jennifer G. and Frank R. appeal a juvenile court judgment terminating their parental rights over Mary G. and choosing adoption as the permanent plan. (Welf. & Inst.Code, § 366.26.) [1] Jennifer contends the court abused its discretion by denying her section 388 petition for modification, and there is not substantial evidence to support the court's finding the beneficial parent-child relationship exception to adoption is inapplicable. We conclude these contentions are without merit.

Frank, however, persuasively asserts the court violated his constitutional rights to equal protection and full faith and credit principles by not recognizing him as a presumed father entitled to reunification services as a matter of right based on a voluntary acknowledgment of paternity, merely because it was made in Michigan and not California. We reverse the judgment as to Frank and Mary because with exceptions not relevant here, the termination of parental rights must be made at the same time. We also reverse the judgment because, as both parents contend, the Agency violated notice requirements of the Indian Child…