What is the test for terminating a parent's parental rights?

California, United States of America


The following excerpt is from Kern Cnty. Dep't of Human Servs. v. Michelle B. (In re Los), F073776 (Cal. App. 2016):

When a juvenile court concludes that the party with the burden of proof did not carry the burden and the court rejects a detriment claim and terminates parental rights, the first issue on appeal is whether the evidence compels a finding for appellant as a matter of law. (Roesch v. De Mota (1944) 24 Cal.2d 563, 570-571.) "Specifically, the question becomes whether the appellant's evidence was (1) 'uncontradicted and unimpeached' and (2) 'of such a character and weight as to leave no room for a judicial determination that it was insufficient to support a finding.' " (In re I.W. (2009) 180 Cal.App.4th 1517, 1528.) If appellant prevails, then the next question is whether the existence of that relationship constituted a " 'compelling reason for determining that termination would be detrimental' " ( 366.26, subd. (c)(1)(B)), thus rendering the juvenile court's termination order an abuse of discretion. (In re Bailey J. (2010) 189 Cal.App.4th 1308, 1315.) We conclude mother failed to establish the existence of a beneficial relationship as a matter of law.

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