D.W.
Santa Clara County Department of Family & Children's Services v. D.W.
Opinion
lead Opinion
Premo, J.
D.W. (mother) appeals from a juvenile court judgment terminating her parental rights and selecting adoption as the permanent plan (Welf. & Inst. Code, § 366.26) 1 concerning her son, I.W. (born 1998), and two daughters, Y.W. (bom 2001) and A.W. (bom 2003). She challenges the evidence supporting the juvenile court’s finding that I.W. likely would be adopted and rejection of her evidence and argument that the case came with the exceptions to termination described by section 366.26, subdivision (c)(l)(B)(i) (no termination if termination would be detrimental to the child because the parents maintained regular visitation and the child could benefit from continuing the relationship). She also contends that the notice given pursuant to the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) was deficient. We affirm the judgment.
LEGAL BACKGROUND
Section 366.26 sets forth the procedure for permanently terminating parental rights concerning a child who has been removed from parental custody and declared a dependent child of the juvenile court. The statute states that the court shall terminate parental rights if it “determines ... by a clear and convincing…