CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Termination of Parental Rights
............Findings Required
11 Cards On This Topic:

PF's DP rights not violated when juv. ct. terminated his parental rights without making detriment finding as to him where his counsel discouraged the court from doing so and record supported an implied finding of detriment.

Once court makes W&IC 366.26(3) no detriment finding, neither CA's dependency scheme nor federal due process requires court to revisit issue at further 366.26 hearing unless circs change or new evidence emerges.

Reversible error to proceed to terminate absent mother's parental rights where no finding made that services would be futile/detrimental or that reasonable efforts were made by DHHS to provide services.

Mother's due process right to a continued parental relationship with C not violated by lack of a current judicial finding of parental unfitness.

Law does not require court to order bonding study as condition to termination; F waived right to argue on appeal by not asking court to order bonding study.

Social service agency has no burden to acquire and introduce at W&IC §366.26 hearing evidence specifically directed to whether M would benefit from continued contact with parent.

No distinct "best interest" exception to adoption under W&IC 366.26. M’s best interest implicit in 366.26 (c)(1)(A)-(D) enumerated exceptions—court need not articulate factor.

Court required to make findings that all elements required for termination are present.

Parent-child relationship must promote well-being of M sufficient to outweigh benefits of permanent home with adoptive parents.

Court need not note on record determination that minor would not benefit from continued parental relationship; M’s preference need not be orally expressed at hearing.

Error to order institution of termination proceedings without first making finding minor would not benefit from continuing contact with mother.