San Diego County Health & Human Services Agency v. Francisco Z.

Francisco Z. (Father) appeals from a judgment terminating his parental rights to his son, Matthew. Father contends the court erred by (1) denying his request for a hearing on his modification motion; (2) failing to make findings under the federal Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1912 (f)); 2 and (3) failing to find a beneficial relationship existed between Father and Matthew. We reject these contentions and affirm.

Factual and Procedural Background

Matthew was bom in August of 1997. Four days later, the San Diego County Health and Human Services Agency (Agency) filed a dependency petition, alleging both parents had mental and/or developmental disabilities rendering them unable to provide care for Matthew. The evidence showed *548 Mother is “mildly retarded” and has a history of alcoholism, depression and suicide attempts. Father is also “mildly retarded,” and has various psychological problems.

At the initial detention hearing, the juvenile court ordered Matthew placed in foster care, and gave the social worker discretion to detain Matthew with his paternal grandmother (Grandmother). Grandmother initially said she would be willing to move in with the…