In re J.J. CA3

DISCUSSION

A recitation of the factual background of this case is unnecessary to the resolution of this appeal. Mother’s sole contention is that the juvenile court erred in failing to find that the beneficial parental relationship exception to adoption applied. The Sacramento County Department of Health and Human Services (Department) contends mother forfeited her claim by failing to assert the applicability of the exception in the juvenile court. We agree with the Department. At the selection and implementation hearing (§ 366.26), a juvenile court must choose one of the alternative permanent plans provided by statute. The Legislature’s preference is for adoption. If the juvenile court finds a minor adoptable and no circumstances would make the termination of parental rights detrimental to the minor, the juvenile court must terminate parental rights. (In re Ronell A. (1996) 44 Cal.App.4th 1352, 1368.) The parent has the burden of establishing an exception to termination of parental rights. (Cal. Rules of Court, rule 5.725(e)(3); In re Zachary G. (1999) 77 Cal.App.4th 799, 809.) The juvenile court has no sua sponte duty to determine whether an exception to adoption applies. (In re…