In re D.H. CA4/3

INTRODUCTION

D.H. (Mother) and D.W. (Father) appeal from an order from the juvenile 1 court terminating their parental rights to D.H.1 (age 6), D.H.2 (age 3), and D.H.3 (age 1) . The court chose a permanent plan of adoption with the children’s foster parents, finding the statutory parental benefit exception under Welfare and Institutions Code2 section 366.26, subdivision (c)(1)(B)(i) did not apply. Under this exception, the juvenile court is not required to terminate parental rights to an adoptable child if it finds: “a compelling reason for determining that termination would be detrimental to the child” because “[t]he parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.” Our Supreme Court has supplied a three- element test for courts to use in applying this exception: “(1) regular visitation and contact, (2) a relationship, the continuation of which would benefit the child such that (3) the termination of parental rights would be detrimental to the child.” (In re Caden C. (2021) 11 Cal.5th 614, 631 (Caden C.).) Appellants contend the juvenile court abused its discretion in finding against them on the…