Derek W. v. David W.

David W. appeals from the judgment terminating parental rights to his son, Derek. (Welf. & Inst. Code, § 366.26.) 1 He contends the trial court erred when it changed Derek’s permanent plan from guardianship to adoption because David W. has maintained regular visitation with Derek, and Derek would benefit from continuing the relationship. (§ 366.26, subd. (c)(1)(A).) We affirm the judgment because substantial evidence supports the trial court’s order.

Derek, who is of “mixed race but dark skinned,” was bom in 1989, addicted to cocaine and amphetamine. He was removed from the custody of his biological parents, Adele B. and David W., and placed in foster care with Stephanie and John K., who are Caucasian. Derek has lived with the K.’s since he was nine days old. Derek is developmentally delayed, suffers from a respiratory condition similar to asthma, and has behavioral and emotional problems.

Derek’s biological mother relinquished her parental rights almost immediately. His father, David W., who claims that he is African-American and an American Indian, regularly visited Derek, but failed to complete the parenting classes and drag treatment programs required for…