In re J.R.

Discussion. All further statutory references are to the Welfare and Institutions

Code unless otherwise noted.

1 because the juvenile court relied on factors that are legally erroneous under In re Caden C. (2021) 11 Cal.5th 614, a decision clarifying the exception’s scope that was decided about six months before the section 366.26 hearing took place in this case. We affirm the orders terminating parental rights, but do not reach the merits of the legal question mother raises because the record does not contain evidence that would support application of the beneficial relationship exception. We publish portions of this decision to clarify that when a juvenile court applies the wrong legal standard in rejecting the beneficial relationship exception, reversal is not warranted if the parent did not introduce evidence that would permit a finding in their favor under the correct legal standard. When a parent has not done so, any reliance by the juvenile court on improper factors is harmless. In the unpublished portion of this opinion we explain why mother failed to do so here.

BACKGROUND

The two young boys were removed from the custody of both of their parents, who are married, by…