In re Wyatt B. CA4/3

INTRODUCTION

Under Welfare and Institutions Code section 366.261, subdivision (c)(1)(B), a juvenile court may decline to terminate parental rights even if it is likely a dependent child will be adopted. To do so, it must find termination would be detrimental to the child under certain enumerated exceptions. At issue here is the proper application of the parental benefit exception under section 366.26, subdivision (c)(1)(B)(i). Should the juvenile court determine the parent has “maintained regular visitation and contact with the child and the child would benefit from continuing the relationship” such that termination would be detrimental, it can preserve parental rights. (§ 366.26, subd. (c)(1)(B)(i); see also In re Caden C. (2021) 11 Cal.5th 614, 631 (Caden C.).) This case sadly demonstrates the wisdom of the old saying “Sometimes love isn’t enough.” It also illustrates how difficult and important is the work done by trial judges in these cases. The record revealed, and the trial court expressly acknowledged, that mother and child had a loving relationship. But the court found the benefit of continuing the relationship was not enough to overcome the disruption it would create in…