In re Christopher M. CA2/7

Good Law
Court of Appeal of CaliforniaAugust 12, 2022B313002California2,504 words

Opinion

Opinion

Segal, J.

INTRODUCTION

Christopher M. appeals from the juvenile court’s order under Welfare and Institutions Code section 366.26 terminating his parental rights to his son, C.M., who is now five years old.1 He argues the juvenile court erred in ruling the parental-benefit exception under section 366.26, subdivision (c)(1)(B)(i), did not apply. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Juvenile Court Detains C.M., Sustains a Petition, and Removes C.M. from His Parents Michele W., who is not a party to this appeal, gave birth to C.M. in April 2017. When the hospital was ready to discharge C.M. from the neonatal intensive care unit, a hospital social worker told the Los Angeles County Department of Children and Family Services that the hospital was concerned about C.M.’s safety because he was medically fragile and Michele did not appear healthy enough to care for him. In addition, Michele and Christopher appeared to be under the influence of a substance.

Statutory references are to the Welfare and Institutions Code.

2 The next day Michele was admitted to the hospital and tested positive for methamphetamine. The family agreed that the hospital would release C.M. to a…

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