In re Nadia L. CA4/3

INTRODUCTION

Monica R., the mother of minor Nadia L., appeals from an order of the juvenile court terminating her parental rights under Welfare and Institutions Code section 366.26.1 Her sole issue on appeal is that she provided sufficient evidence to forestall termination under the parental-benefit exception of section 366.26, subdivision (c)(1)(B)(i). The court found that she had not met her burden of proof as to the first two elements of the exception – regular visitation and continuing benefit – and so did not make findings relating to the third element – detriment to the child. We affirm the order. Monica’s evidence supporting the exception was not uncontradicted and unimpeached, as it must be when an appellant disputes a trial court’s finding that a party did not carry an assigned burden of proof. Of the three elements of the parental benefit exception, Monica failed to establish two: regular visitation and continuing benefit to the children.

FACTS

Nadia was detained in October 2019 at age 10. She was initially detained from her father because of his substance abuse, but then, after Monica could not be located, Nadia was detained from her as well. At the time, Monica had…