Santa Clara County Department of Family & Children's Services v. Samphan P.

Erik P. was detained in the hospital shortly after birth. His parents, who had previously lost custody of their other children, have never had custody of Erik. After the juvenile court terminated parental rights, Erik’s father filed the instant appeal where he contends that, in light of recent legislation promoting the importance of sibling relationships (Welf. & Inst. Code, §§ 361.2, subd. (i), 362.1, subds. (b) & (c), 388, subd. (b), 366.26, subd. (c)(1)(E)), 1 the juvenile court inadequately considered Erik’s sibling relationships before terminating parental rights. We find that there was sufficient evidence to support the juvenile court’s finding of adoptability. We further find that although the father has standing to raise the newly enacted sibling exception found in section 366.26, subdivision (c)(1)(E), we conclude that the father was obligated to raise the exception at the section 366.26 hearing, and by failing to do so has waived his right to raise this issue on appeal. We also conclude that this exception is inapplicable because the father has lost his parental rights over the sibling, and because the nature of the sibling relationship here is not sufficiently…