San Diego County Health & Human Services Agency v. Willie S.

Willie S. appeals a juvenile court judgment terminating his parental rights over Jason J. and choosing adoption as the preferred permanent plan. Willie contends he is a father within the meaning of Adoption of Kelsey S. (1992) 1 Cal.4th 816 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ] (.Kelsey S.), and thus the court violated his due process rights by terminating *927 his parental rights without making an express finding of unfitness. Alternatively, he contends the court may not terminate the parental rights of a mere biological father absent a finding of unfitness. Additionally, he challenges the sufficiency of the evidence to support the court’s finding that the parent-child beneficial relationship exception to adoption is inapplicable. (Welf. & Inst. Code, § 366.26, subd. (c)(l)(B)(i).) 1 We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Shanna M. is Jason and Kathryn M.’s mother, and Jamal J. was Shanna’s live-in boyfriend. On February 21, 2007, Shanna called 911, believing Jamal had attempted to drown one-year-old Jason in the bathtub. Shanna walked into the bathroom and “saw Jamal over Jason and Jason’s eyelids were blue and he was lethargic,” and she heard Jamal…