California, United States of America
The following excerpt is from Persons Coming Under the Juvenile Court Law. Fresno Cnty. Dep't of Soc. Servs. v. M.A. (In re A.A.), F072126 (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
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