In re D.M.
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The family came to the attention of the Los Angeles County Department of Children and Family Services in 2017, following a domestic violence incident. Mother did not work. Father was the sole financial provider for the family. They were not married but had been in a relationship for over 14 years. Father denied any domestic violence or drug use. The children denied witnessing any domestic violence. The family had prior referrals for physical abuse by mother in 2010, emotional abuse and neglect by mother and father in 2012, and a prior dependency case in 2014 based on domestic violence and mother’s substance abuse. In 2021, the court terminated father’s parental rights to the children, now 13, 10, and six years old.
The court of appeal reversed. The juvenile court abused its discretion when it applied the wrong legal standard in finding the beneficial relationship exception to termination of parental rights did not apply (Welf. & Inst. Code 366.26(c)(1)(B)(i); the court did not have the benefit of new authority, In re Caden C. (2021), concerning the benefits to the children from continuing the relationship with father, or the detriment to the children of terminating the relationship.
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