In re M.M.
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Mother D.S. (“Mother”) appealed the order terminating her parental rights to daughter, M.M., arguing the adoption assessment prepared by the Los Angeles County Department of Children and Family Services (“Department)” was inadequate, the court abused its discretion when it denied her request for a bonding study, and the Department conducted an inadequate initial inquiry under the Indian Child Welfare Act (ICWA).
The Second Appellate District affirmed. Mother argued the Department’s adoption assessment was inadequate and failed to sufficiently include a review of the nature and frequency of the contact between Mother and M.M. The court held that Mother’s claim fails on its merits. Section 366.26, subdivision (c)(1)(B)(i) provides an exception to termination of parental rights if “[t]he parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.” Here, the court found that Mother did not satisfy the first prong of the exception because her visitation had been inconsistent.
Further, the court found that there was no abuse of discretion in denying Mother’s belated request for a bonding study and continuance, on the day of the section 366.26 hearing that had been pending for several months. Mother had not maintained regular visitation, so the parental-benefit exception was inapplicable.
Finally, there is nothing in the record indicating Mother and Father might have been unaware of having Indian ancestry. The court, therefore, rejected Mother’s “unvarnished contention that additional interviews of [relatives] would have meaningfully elucidated the children’s Indian ancestry.”
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