In Re Jessie G.

Good Law
58 Cal. App. 4th 1·67 Cal. Rptr. 2d 811
Court of Appeal of CaliforniaOctober 1, 1997B109595California2,894 words

Opinion

Opinion

In her appeal from the trial court's order terminating her parental rights as to daughter Jessie G., and referring the minor for adoption, mother, Belinda G., argues there exists a limited "best interest" exception to the choice of adoption under Welfare and Institutions Code section 366.26, [1] based on the holding in In re Jose V. (1996) 50 Cal. App.4th 1792 [ 58 Cal. Rptr.2d 684 ], rather than the analysis of In re Tabatha G. (1996) 45 Cal. App.4th 1159 [ 53 Cal. Rptr.2d 93 ]. We hold there exists no distinct "best interest" exception to adoption, under section 366.26. The best interest of the minor is, however, implicit in the four enumerated exceptions to adoption under section 366.26, subdivision (c)(1)(A) through (D), although the court need not articulate that factor. The record here demonstrates the court did consider the question and concluded adoption was in Jessie's best interest. Accordingly, we affirm the judgment.

This case was before this court in 1995 ( Belinda G. v. Superior Court (Aug. 28, 1995) B093918 [nonpub. opn.]), when Belinda G. sought an expedited review of the trial court's finding the department of children and family services…

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