In re Grace P.Annotate this Case
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.