California Court of Appeal Aug 26, 2013 No. E058642Unpublished
Filed 8/26/13 In re D.G. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re D.G., a Person Coming Under the Juvenile Court Law.
SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, E058642
Plaintiff and Respondent, (Super.Ct.No. J240936)
v. OPINION
J.G.,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Christopher B.
Marshall, Judge. Affirmed.
Daniel G. Rooney, under appointment by the Court of Appeal, for Defendant and
Appellant.
Jean-Rene Basle, County Counsel, and Danielle E. Wuchenich, Deputy County
Counsel, for Plaintiff and Respondent.
1
I
INTRODUCTION
J.G., father, appeals from a judgment of the juvenile court terminating his parental
rights to his daughter. Father argues the juvenile court should have applied the beneficial
parental bond exception. Mother has not appealed. After thoroughly reviewing the
record, we reject father‟s appeal and affirm the judgment.
but must result “from the adult‟s attention to the child‟s needs for physical care,
nourishment, comfort, affection and stimulation.” (Autumn H., at p. 575.)
In order for the beneficial relationship exception to apply, father must show he
“occupies a parental role” in the life of his child. (In re Mary G. (2007) 151 Cal.App.4th
184, 207; In re C.F., supra, 193 Cal.App.4th at p. 555.) “The factors to be considered
when looking for whether a relationship is important and beneficial are: (1) the age of
the child, (2) the portion of the child‟s life spent in the parent‟s custody, (3) the positive
or negative effect of interaction between the parent and the child,[] and (4) the child‟s
particular needs. [Citation.]” (In re Angel B. (2002) 97 Cal.App.4th 454, 467; In re
Jasmine D. (2000) 78 Cal.App.4th 1339, 1349-1350.)
Father cannot show that he occupied a parental role. There is no evidence that
father was capable of providing a stable, safe home and physical care to a young child
with serious medical issues. At the age of 28 months, his daughter had lived with the
foster mother since she was nine months old. The foster mother was her mother. Her
special medical needs required special care. There was nothing about her interaction with
the father—or both the parents— that indicated a positive effect on her life.
When considering the totality of factors, the juvenile court had substantial
evidence to find that the parental bond exception did not apply and that the child would
not suffer “great harm,” if her relationship with father was terminated. (In re Brittany C.
(1999) 76 Cal.App.4th 847, 853.) Father did not offer her any significant benefits. The
child‟s needs were being met by a prospective adoptive mother willing to provide her
with the stability, permanency, and special care she needed through adoption.
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IV
DISPOSITION
Father cannot establish the beneficial relationship exception. We affirm the
juvenile court‟s findings and orders terminating parental rights.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
CODRINGTON J.
We concur:
RAMIREZ P. J.
KING J.
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AI Brief
AI-generated · verify before citing
Holding. The court held that the juvenile court properly terminated parental rights because the father failed to meet his burden of proving the beneficial parental bond exception, as he did not occupy a parental role or demonstrate that the child would suffer great harm from the termination of the relationship.
Issues
Did the juvenile court err in finding that the beneficial parental bond exception did not apply to prevent the termination of parental rights?
Was there substantial evidence to support the juvenile court's determination that adoption was in the child's best interests?
Disposition. Affirmed
Quotations verified verbatim against the opinion
“The parent must establish the parent/child relationship is of such strength that severance would deprive the child of a substantial, positive emotional attachment such that the child would be greatly harmed if the relationship was terminated.”
“In order for the beneficial relationship exception to apply, father must show he “occupies a parental role” in the life of his child.”
“Father cannot show that he occupied a parental role. There is no evidence that father was capable of providing a stable, safe home and physical care to a young child with serious medical issues.”