E.P.

E.P. v. Stephen P.

Caution
153 Cal. Rptr. 3d 154·2013 Cal. App. LEXIS 111·213 Cal. App. 4th 983·2013 WL 519735
Court of Appeal of CaliforniaFebruary 13, 2013No. B243469California5,111 words

Opinion

Lead Opinion

Mosk, J.

*987 Opinion

INTRODUCTION

Stephen P. (father), the adoptive father of S.P. (the minor), appeals from the trial court’s order granting the petition of the adoptive mother of the minor, E.P. (mother), to terminate father’s parental rights to the minor under Family Code section 7827 1 (mental disability). According to father, the trial court committed per se reversible error when it failed to order and consider an investigation by a licensed clinical social worker under section 7850 and a report by that social worker under section 7851. Father also contends that because it is only in rare and exceptional cases that a trial court should terminate parental rights when no adoption is pending, the trial court erred by terminating parental rights here as no adoption was pending. Father further argues that the trial court erred by failing to consider less drastic alternatives to terminating his parental rights.

We hold that father forfeited his contention concerning the application of sections 7850 and 7851 by failing to raise the issue in the trial court; there is an insufficient showing of ineffective assistance of counsel in connection with such forfeiture; in any event, father…

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