In Re Jesse B

Good Law
10 Cal. Rptr. 2d 516·8 Cal. App. 4th 845
Court of Appeal of CaliforniaAugust 5, 1992F016933California2,298 words

Opinion

Opinion

Dibiaso, J.

This is an appeal from orders terminating the parental rights of Diane W. (Welf. Inst. Code 1 , § 366.26.) Her minor children, Jesse B. (date of birth July 11, 1989) and Wesley W. (date of birth May 13, 1987), join in several of her contentions. We affirm. In part, we will hold that a juvenile court is not required, as a condition precedent to the issuance of a valid termination order under section 366.26, subdivision (c), to expressly note on the record that it has determined the minor would not benefit from a continuance of the parental relationship. We also will conclude section 366.26, subdivision (g) does not require that the minor's preference on the question of termination be expressed only by his or her oral testimony, in court or in chambers, at the termination hearing.

Section 366.26, subdivision (c) provides:

"(c) At the hearing the court shall proceed pursuant to one of the following procedures:

"(1) The court shall terminate parental rights only if it determines by clear and convincing evidence that it is likely that the minor will be adopted. If the court so determines, the findings pursuant to subdivision (b) of Section 361.5 that reunification services shall not…

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