In re Grace P.

After the juvenile court terminated Father and Mother's parental rights to their children, Grace and Michael, Father argued that the juvenile court erred in finding the beneficial parent-child relationship exception to termination did not apply and in denying him a contested hearing on that issue. Mother adopts Father's arguments on appeal. The court concluded, as a matter of first impression, that the juvenile court abused its discretion in denying Father a contested selection and implementation hearing under Welfare and Institutions Code 366.26. The court explained that when, as here, a parent has consistently and regularly visited his or her children and at the selection and implementation hearing, offers testimony regarding the quality of their parent-child relationship and possible resulting detriment that would be caused by its termination, a juvenile court abuses its discretion if it denies a contested hearing on the beneficial parent-child relationship exception. Accordingly, the court reversed and remanded for a contested hearing and for a determination of whether a beneficial parent-child relationship exists and prevents the termination of parental rights. View "In re Grace P." on Justia Law