M.S.

Sacramento County Department of Health & Human Services v. M.S.

Good Law
175 Cal. App. 4th 1031·2009 Cal. App. LEXIS 1141·96 Cal. Rptr. 3d 706
Court of Appeal of CaliforniaJuly 14, 2009No. C059718California3,188 words

Opinion

lead Opinion

Sims, J.

Appellant, the father of the minor, appeals from the juvenile court’s order terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 395.) 1

Appellant claims that a statutory exception to adoption applied because the minor’s Indian tribe had identified guardianship as the permanent plan for the minor. (§ 366.26, subd. (c)(l)(B)(vi)(II).) In the published portion of the opinion, we reject this contention.

*1034 Appellant also claims his trial attorney rendered ineffective assistance of counsel because she did not argue that another exception to adoption applied based on substantial interference with the minor’s connection to his tribal community. (§ 366.26, subd. (c)(l)(B)(vi)(I).) In addition, appellant maintains he received ineffective assistance of counsel because his attorney failed to argue that Sacramento County Department of Health and Human Services (the Department) was required to seek a criminal conviction exemption for relatives selected by the minor’s tribe to be guardians for the minor.

In the unpublished portion of the opinion, we reject appellant’s claims of ineffective assistance of counsel. We therefore affirm the order terminating parental…

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