San Diego County Department of Social Services v. Alan H.

Alan H. appeals after the court changed his dependent daughter Autumn H.’s permanent plan from long-term foster care to adoption and terminated Alan’s parental rights under Welfare and Institutions Code 1 section 366.26. Alan contends the exception to termination of parental rights in section 366.26, subdivision (c)(1)(A), is unconstitutionally vague because it does not define the word “benefit.” Alan further contends there was substantial evidence showing his daughter derived benefit from continuing her relationship with him and no change of circumstances existed to warrant terminating his rights and changing the plan to adoption. We affirm the order.

Factual and Procedural Background

Alan’s four children were taken into protective custody on September 13, 1991, after Alan kicked three-year-old Stephen, causing head, facial and *571 back lacerations. Alan’s wife Patricia, 2 seven-year-old Michelle and six-year-old Christine saw the kicking. The girls reported Alan hit them with a paddle. Autumn was then a year old. 3 The three older children were dependents of the court between 1988 and 1990 after Stephen’s arm was nonaccidentally fractured. A son bom during the first…