In re M.Y. CA4/1

Good Law
Court of Appeal of CaliforniaAugust 3, 2016D069412California3,117 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

Appellant Jose G. appeals from an order terminating his parental rights to his

minor son, M.Y. Jose contends that the juvenile court erred by failing to apply the

beneficial relationship exception to the termination of his parental rights (see Welf. &

Inst. Code, § 366.26, subd. (c)(1)(B)(i)). We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. General background

M.Y. was the sixth child born to Nicole and Jose. Nicole and Jose's parental rights

to their five older children had been terminated before M.Y. was born.

The primary issue that led to the Agency's involvement in this case was ongoing

domestic violence between the parents. Beginning in 2006, there were repeated

allegations of domestic violence. Despite Agency intervention after the birth of each

subsequent child, the parents continued to return to each other. In addition, Jose's

psychiatric history included more than one Welfare and Institutions Code1 section 5150

mental health hospitalization, beginning in 2009.

M.Y. was born in 2013. M.Y. was diagnosed with a seizure disorder and was

prescribed phenobarbital. Nicole admitted that she had used methamphetamine…

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