In re Nathaniel N. CA2/4
B342506
| Cal. Ct. App. | Jun 30, 2025Background
- In September 2020, the Los Angeles County Department of Children and Family Services (DCFS) detained Nathaniel N. (born 2019) due to mother D.B.'s methamphetamine use and parental neglect.
- Mother initially visited Nathaniel regularly after removal, but her visitation soon became inconsistent for extended periods over the four-plus years of the case.
- Reunification services for mother were terminated in April 2022 after continued substance abuse and lack of progress; she was periodically incarcerated and residing in in-patient treatment.
- Nathaniel was placed with maternal relatives; after the death of one caregiver, the other continued to pursue adoption.
- At a Welfare & Institutions Code section 366.26 hearing, the juvenile court terminated mother’s parental rights, finding she failed to prove the "parental benefit exception" to adoption due to lack of regular visitation.
- Mother appealed, arguing the court erred in failing to apply the parental benefit exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the parental benefit exception to adoption applies (requiring regular visitation and beneficial relationship) | D.B.: Visitation was consistent in the recent months before the hearing, and a parent-child relationship exists | DCFS: Visitation was inconsistent overall, harming Nathaniel’s stability; no evidence of consistent benefit | Mother did not meet her burden under the first prong (regular visitation); parental rights terminated |
Key Cases Cited
- In re Caden C., 11 Cal.5th 614 (Cal. 2021) (sets the three-prong test for the parental benefit exception to terminating parental rights)
- Benach v. County of Los Angeles, 149 Cal.App.4th 836 (Cal. Ct. App. 2007) (appellate presumption of correctness and burden on appellant)
- In re A.G., 58 Cal.App.5th 973 (Cal. Ct. App. 2020) (parent bears burden to establish exception to adoption)