In Re Jose C.

Los Angeles County Department of Children & Family Services v. D.C.

Good Law
114 Cal. Rptr. 3d 903·188 Cal. App. 4th 147
Court of Appeal of CaliforniaSeptember 2, 2010B221562California6,251 words

Opinion

Opinion

Grimes, J.

SUMMARY

The child, Jose C., and the maternal grandfather in this dependency case challenge the juvenile court’s order terminating the mother’s parental rights. The order must be reversed, they say, because (1) the court erred in finding Jose was likely to be adopted, and (2) the court should have found the grandfather to be Jose’s presumed father (even though the court was not asked to do so), a finding that would have allowed the grandfather to assert the “continuing beneficial relationship” exception to termination of parental rights. We find no merit in these contentions and affirm the order terminating parental rights and freeing Jose for adoption.

FACTUAL AND PROCEDURAL BACKGROUND

Both Jose and his mother are developmentally delayed, and both receive assistance from government entities (referred to as regional centers) that provide services to developmentally disabled persons. Jose, who was then seven years old, first came to the attention of the Los Angeles County Department of Children and Family Services in November 2006, when it was alleged mother physically abused Jose. Because the family was receiving services from the regional center that included in-home…

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