San Diego County Health & Human Services Agency v. Ladawn P.

The juvenile court terminated the parental rights of LaDawn P. (Mother) and Jim D. (Father) 1 to their child, Jerome D. (Jerome), finding Jerome adoptable and declining to find that he would benefit from a continued relationship with Mother (Welf. & Inst. Code, § 366.26, subd. (c)(1)(A)). 2 Immediately after terminating parental rights, the court granted Mother’s modification petition (§ 388) seeking unsupervised visits. The next day, the court vacated the visitation order. Jerome, Mother, and Father appeal.

All three appellants contend the court erred by not finding Jerome would benefit from a continued relationship with Mother and by vacating its visitation order. Additionally, Jerome and Mother contest the adoptability *1203 finding, Mother asserts the court should have decided her modification petition before the section 366.26 matter, and Jerome argues exceptional circumstances mandated selection of a permanent plan other than adoption. We conclude that the court erred by finding Jerome adoptable and by not finding a benefit to him from a continuing relationship between Jerome and Mother. We accordingly reverse the judgment terminating parental…