In Re Edward R.

Marisa Nayfach, under appointment by the Court of Appeal, for Minor.

OPINION

FRANSON, J. [*]

Nicki P. and Benjamin R. appeal from the order terminating their parental relationship (Welf. & Inst. Code [1] , § 366.26) with their son, Edward R. The parents contend termination hearings conducted pursuant to this code provision deprive them of equal protection under the law. They assert section 366.26 does not permit evidence of present circumstances to be adduced while consideration of a parent's present circumstances is a safeguard feature of similar termination proceedings under Civil Code section 232, subdivision (a)(7).

We conclude that parents whose rights are subject to termination under section 366.26 are afforded substantially the same protection available to those whose rights may be terminated under Civil Code section 232, subdivision (a)(7). Hence, we need not employ the traditional equal protection analysis to resolve the issue.

On August 9, 1989, the Fresno County Department of Social Services (DSS) filed a dependency petition shortly after Edward R.'s birth. DSS alleged the infant came within the provisions of section 300, subdivisions (a) and (b) because:

at birth…