Kern County Department of Human Services v. Diane W.

This is an appeal from orders terminating the parental rights of Diane W. (Welf. & Inst. Code 1 , § 366.26.) Her minor children, Jesse B. (date of birth July 11, 1989) and Wesley W. (date of birth May 13, 1987), join in several of her contentions. We affirm. In part, we will hold that a juvenile court is not required, as a condition precedent to the issuance of a valid termination order under section 366.26, subdivision (c), to expressly note on the record that it has determined the minor would not benefit from a continuance of the parental relationship. We also will conclude section 366.26, subdivision (g) does not require that the minor’s preference on the question of termination be expressed only by his or her oral testimony, in court or in chambers, at the termination hearing.

Statement of Case and Facts *

*848 Discussion

I. Modification Motion *

II. Section 366.26, Subdivision (c)

A. Findings

The mother and the minors next contend the juvenile court should have made an express finding with respect to whether the minors would have benefited from continuing the relationship with their mother. They assert there was evidence of such benefit. Appellants rely on…