San Diego County Health & Human Services Agency v. Christina N.

*218 Opinion

Christina N. appeals a judgment terminating her parental rights to her minor son Dakota H. under Welfare and Institutions Code section 366.26. 1 Christina contends her due process rights to maintain her parental status were violated by the lack of a current judicial finding of parental unfitness. Christina also challenges the court’s finding there was not a beneficial relationship exception to termination of parental rights under section 366.26, subdivision (c)(1)(A). We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Dakota was bom in October 1996. When he was four, his mother, Christina, married Ricky. 2 Their home life was marred by Ricky’s temper and substance abuse problems. Dakota was developmentally delayed and physically aggressive. When Dakota was five, he was diagnosed with autism.

After an incident of domestic violence in which Ricky physically abused Dakota, child protective services in South Carolina intervened. The juvenile court allowed Christina to retain custody of Dakota on condition she not allow Dakota to have contact with Ricky. Christina did not comply with the order. The family left South Carolina in late May 2002 after the court…