San Diego County Health & Human Services Agency v. Andrew C.

*281 Opinion

Andrew and Jamie C. (Parents) appeal a judgment terminating their parental rights to their children, P.C. and G.C. Parents argue the exception to termination of parental rights under Welfare and Institutions Code section 366.26, subdivision (c)(1)(D) is unconstitutionally vague. 1 Nevertheless, they assert section 366.26, subdivision (c)(1)(D) precludes termination of parental rights because there was insufficient evidence to support the court’s finding the maternal grandfather (Grandfather) was willing to adopt the children. Parents further assert there was insufficient evidence to support the court’s finding the beneficial parent-child relationship exception to termination of parental rights under section 366.26, subdivision (c)(1)(A) did not apply.

We conclude substantial evidence supports the trial court’s determination the exceptions under section 366.26, subdivision (c)(1)(A) and (D) did not preclude termination of parental rights.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2003 three-year-old P.C. and four-month-old G.C. were removed from parental custody after Jamie slapped P.C. in the face and pushed him into a shopping cart. Store officials stopped Jamie…

Although we conclude Grandfather was not coerced to adopt, this is not the first time a complaint of this type has been lodged against Agency. (See In re Zeth S. (2003) 31 Cal.4th 396, 407 [ 2 Cal.Rptr.3d 683 , 73 P.3d 541 ]; In re Rachel M. (2003) 113 Cal.App.4th 1289, 1294, 1296 [ 7 Cal.Rptr.3d 153 ]; In re Eileen A. (2000) 84 Cal.App.4th 1248, 1261 [ 101 Cal.Rptr.2d 548 ]; In re Jose V. (1996) 50 Cal.App.4th 1792 , 1800 [ 58 Cal.Rptr.2d 684 ].) It is important to emphasize the Legislature’s clearly expressed preference for caretaker adoption.

*289 If a caretaker of a child believes Welfare and Institutions Code section 366.26, subdivision (c)(1)(D) 1 should apply to preclude termination of parental rights, 2 the caretaker may seek an alternative permanency plan and also remain entitled to the statutory preference for caretaker adoption under section 366.26, subdivision (k). That section provides:

Legal professionals and social workers working with caretakers considering adoption should inform them they may seek an alternate permanency plan under section 366.26, subdivision (c)(1)(D) without fear of losing their statutory preference as adoptive parents. For the exception to…