Does a parent's absence from a section 366.26 hearing affect the outcome of the hearing?

California, United States of America


The following excerpt is from San Joaquin Cnty. Human Servs. Agency v. K.C. (In re T.C.), C087857 (Cal. App. 2019):

Given the dearth of evidence in the record to support father's claim that he maintained regular visitation and contact with the minors or that the minors would benefit from continuing their relationship with father, and considering that the record contradicts father's putative testimony regarding a close bond with the minors via a limited number of "iWeb" Internet visits while he was incarcerated, we conclude it is not reasonably probable that father's presence at the section 366.26 hearing would have changed the outcome. Therefore, any error in conducting the hearing in his absence was harmless. (People v. Watson, supra, 46 Cal.2d at pp. 836-837.)

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The juvenile court's orders are affirmed.

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