In re Anthony R. CA4/3

INTRODUCTION

Gloria R., the mother of the minors Anthony R. and Layla C., appeals from an order pursuant to Welfare and Institutions Code section 366.26 terminating her 1 parental rights. She argues on appeal that she presented sufficient evidence to establish the parental benefit exception of section 366.26, subdivision (c)(1)(B)(i). We affirm the order. Gloria’s evidence supporting the exception was not uncontradicted and unimpeached, as is required when an appellant disputes a trial court’s finding that a party did not carry an assigned burden of proof. Of the three elements of the parental benefit exception, Gloria failed to establish two: regular visitation and continuing benefit to the children. The court correctly found that adoption, most likely by Gloria’s parents, outweighed the benefit of continuing the children’s parental relationship with Gloria.

FACTS

Anthony and Layla were detained in August 2019 after Gloria took them and herself to a hospital emergency room complaining about a “dog spirit” that was possessing her and the children. She admitted that she had used methamphetamine that morning. Anthony was seven years old at the time; Layla was two. The children…