In Re Amanda D.

Orange Cty. Soc. Servs. Agency v. Lawrence D.

Good Law
1997 Cal. App. LEXIS 462·55 Cal. App. 2d 813·55 Cal. App. 4th 813·64 Cal. Rptr. 2d 108·97 Daily Journal DAR 7336
Court of Appeal of CaliforniaMay 16, 1997G020359California2,951 words

Opinion

Opinion

Sonenshine, J.

Lawrence D. appeals from a judgment pursuant to Welfare and Institutions Code section 366.26, terminating his parental rights to seven-year-old Amanda and five-year-old David, both of whom the court found adoptable. This is the second time we have reviewed the dependency proceedings. In an unpublished opinion about one year ago, we denied Lawrence’s petition for writ in which he contended the Orange County Social Services Agency (SSA) failed to provide reasonable reunification services and the court improperly denied his request for a bonding study and a continuance. (Lawrence D. v. Superior Court (June 12, 1996) G019230 [nonpub.opn.].) In this appeal, Lawrence’s chief contention, distilled to its essence, is the court may never terminate the parental rights of an incarcerated parent who is complying with a case plan as best he or she can under the circumstances. His second assertion is the court erred in failing to apply the benefit exception of section 366.26, subdivision (c)(1)(A). We reject both arguments.

Factual and Procedural Background

When Amanda and David were taken into protective custody nearly three years ago, Lawrence was in prison, and had been there for…

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