In re G.P. CA4/1

San Diego County Health & Human Services Agency v. Y.Z.

Bad Law
174 Cal. Rptr. 3d 179·2014 Cal. App. LEXIS 606·227 Cal. App. 4th 1180·2014 WL 3361983
Court of Appeal of CaliforniaJune 19, 2014D064965California6,224 words

Opinion

Opinion

Huffman, J.

Y.Z. (Mother) appeals a juvenile court order terminating her parental rights to her children, G.P. and A.P, and choosing adoption as the appropriate permanent plan under Welfare and Institutions Code section 366.26. Mother contends the court’s erroneous finding that the children should be removed from their relative caregiver and placed in a foster home under section 387 deprived her of the ability to raise an exception to the adoption preference under section 366.26, subdivision (c)(1)(A). Mother also challenges the sufficiency of the evidence to support the.court’s finding that the beneficial relationship exception to the adoption preference is inapplicable.

Jose P, the presumed father of G.P. and A.P. (Father), joins Mother’s arguments and maintains his due process rights were violated when the court terminated his parental rights without having made a detriment finding as to him.

We conclude the court’s findings under section 387 as well as its determination that the beneficial relationship exception did not apply are supported by substantial evidence. We also find that Father invited the error he now appeals, and even if he did not do so, the juvenile court’s…

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