Fresno County Department of Social Services v. Debbie L.

Debbie L. and Robert U. appeal from the order terminating their parental relationship with Roderick U. (Welf. & Inst. Code, 1 § 366.26). They raise a variety, of procedural claims related to the section 366.26 hearing and the fact that a referee conducted the proceeding without the parents’ stipulation. They also attack the sufficiency of the evidence to support the referee’s adoptability finding because the minor, an African-American, had been placed since birth with Caucasian foster parents who wished to adopt him. We reject all of the parents’ claims of error and affirm.

Statement of Case and Facts

The minor was born January 1,1990, with a positive toxicology screen for cocaine. Both parents had substance abuse problems which rendered them *1546 incapable of caring for Roderick. They were also incarcerated and as a result were unable to provide a suitable home for the child. Consequently at a March 1990 jurisdiction/disposition hearing, the juvenile court found Roderick came within the provisions of section 300, subdivisions (b) and (g) and adjudged the minor a dependent child of the court.

The court found by clear and convincing evidence that the minor should be…