Fear Not Law CA Unpub Decisions

In re M.K. CA4/2

Filed 10/16/26 In re M.K. CA4/2
CA Unpub Decisions

Filed 10/16/26 In re M.K. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 M.K., a Person Coming Under the
Juvenile Court Law.
SAN BERNARDINO COUNTY E087961
CHILDREN AND FAMILY SERVICES,
(Super.Ct.No. J300744)
Plaintiff and Respondent,
OPINION
v.

N.E. et al.,

Defendants and Appellants.

APPEAL from the Superior Court of San Bernardino County. Cara D. Hutson,

Judge. Affirmed.

Panda Kroll, under appointment by the Court of Appeal, for Defendant and

Appellant, A.K.

Rich Pfeiffer, under appointment by the Court of Appeal, for Defendant and

Appellant, N.E.

1
Laura Feingold, County Counsel, and Helena C. Rho, Deputy County Counsel, for

Plaintiff and Respondent.

Defendants and Appellants A.K. (Father) and N.E. (Mother, collectively parents)

appeal from the juvenile court’s order terminating parental rights over their son, M.K.,

under Welfare and Institutions Code1 section 366.26. Father contends the juvenile court

erred in its application of the beneficial parental relationship exception to the termination

of parental rights under section 366.26, subdivision (c)(1)(B)(i). Specifically, Father

contends the juvenile court abused its discretion by using an incorrect legal standard in its

analysis of the second element of the exception, whether the child has a substantial,

positive, emotional attachment to the parent. Mother joins in Father’s arguments2 and

requests reinstatement of her parental rights with Father’s, if he prevails.3 Finding no

abuse of discretion, we affirm.

1 All further statutory references are to the Welfare and Institutions Code unless
otherwise indicated.

2 Mother filed an opening brief (MAOB) that included notice under California
Rules of Court, rule 8.200(a)(5) that she joins and adopts the entirety of Father’s opening
brief (FAOB).

3 Mother asserts that reversal of the order terminating Father’s parental rights
requires that order also be reversed as to her. (See Cal. Rules of Court, rule 5.725(a)(1)
[“The court may not terminate the rights of only one parent under section 366.26 unless
that parent is the only surviving parent; or unless the rights of the other parent have been
terminated by a California court of competent jurisdiction or by a court of competent
jurisdiction of another state under the statutes of that state; or unless the other parent has
relinquished custody of the child to the welfare department”].)

2
FACTUAL AND PROCEDURAL BACKGROUND4

I. Facts from Father’s Prior Appeal

We take these facts as to Father from our unpublished opinion affirming the

juvenile court’s summary denial of Father’s section 388 petition to modify the order

bypassing reunification services. (In re M.K. (Aug. 24, 2026, E087315) [nonpub. opn.]

(In re M.K.).)

A. Initial Proceedings and Reunification Period

In April 2024, the San Bernardino County Department of Children and Family

Services (CFS) received a referral from a reporting party with safety concerns for M.K., a

10-day-old baby, due to his parents appearing to be under the influence while in a

vehicle. The San Bernardino County Sheriff’s Department (Sheriff’s Department)

performed a welfare check observing an infant who “appeared to be pre-mature and in

poor health” and, upon examination, was reported to be “in poor health, malnourished

and lacked proper hygiene.”

M.K.’s mother (Mother) reported that she gave birth to the infant in the vehicle,

Father severed the umbilical cord with a pocketknife, and they sought no medical

attention for the infant. Sheriff’s Department requested medical aid to respond and

evaluate M.K., both Mother and M.K. were transported to the hospital, and M.K. was

admitted to the neonatal intensive care unit (NICU). Medical staff reported to Sheriff’s

4 On our own motion, we incorporated the record in case Nos. E087315 with the
record in case No. E087961. The record from Mother’s prior appeal in case No. E086851
was also incorporated with the record in case No. E087315.

3
Department that M.K. “displayed severe signs of neglect” and shared photographs that

“depicted severe rashes to [M.K.’s] penis, anus and buttocks” and showed “signs of

prolonged exposure to urine and other injuries caused by general neglect.”

Sheriff’s Department arrested Father and both parents were charged with felony

child endangerment under Penal Code section 273a, subdivision (a). Father’s drug screen

from the date of arrest was positive for fentanyl, amphetamines, and cannabinoids, and

Mother’s drug screen was positive for amphetamines, fentanyl, and 4-ANPP.

Shortly after the initial referral, M.K. was detained pursuant to a protective

custody warrant and CFS filed a petition under section 300, subdivisions (b)(1) and (g),

alleging substantial risk of serious physical harm, abuse and/or neglect, and no provision

for support. At the detention hearing, after a prima facie finding, the court detained M.K.

from Mother and Father. The court set a jurisdiction and disposition (JD) hearing for

May 2024.

B. Jurisdiction/Disposition Report and Hearing

CFS filed a JD Report advising that M.K. underwent a pediatric forensics

consultation with findings of malnutrition, dehydration, and severe diaper rash with

excoriations of rectum. M.K. presented “in a significant state of malnutrition and

dehydration” inconsistent with the history provided. The doctor advised that M.K. had an

“excoriated diaper rash, consistent with being left in a soiled diaper for prolonged period

of time” and that “[h]is presentation was consistent with severe neglect.” The doctor

opined that if M.K. “not been brought in for medical attention, he would have been at

4
high risk for further neglect which could have been fatal.” M.K. was subject to

“intrauterine drug exposure.”

CFS interviewed Father, who reported “using substances off and on throughout his

life,” using crystal methamphetamine daily for approximately a year, and prior use of

heroin. Father also stated, “his drug of choice is fentanyl.” Father reported he was

feeding M.K. formula because he could not breastfeed due to Mother’s fentanyl use.

Father reported M.K. was “kicking the fentanyl” and stated, “When I am sober, I am not

hungry or don’t eat much . . . [m]aybe that is why baby was not eating much.” When

asked why M.K. was not taken to the hospital when he was born, Father replied that “he

was waiting for 10 to 14 days to seek medical care by then the fentanyl would be out of

[M.K.’s] system.” Father stated, “[w]hat kind of parents we would be taking the baby

positive for drugs to a hospital.”

CFS filed a first amended petition including additional allegations against Father

and Mother under section 300, subdivision (e), for severe physical abuse of a child under

five years old, and allegations against Mother under section 300, subdivision (j), for

abuse of siblings.

At the contested JD hearing, the court sustained the section 300, subdivisions (b),

(e), and (g) allegations against Father and the section 300, subdivisions (b), (e), (g), and

(j) against Mother, declared M.K. a dependent, and removed him from his parents’

custody. The court denied reunification services under section 361.5, subdivisions (b)(5)

and (6), finding clear and convincing evidence it would not benefit M.K. to pursue

5
reunification services with his offending parents. Father and Mother were provided with

services under the permanency planning program and authorized visitation one time per

month subject to criminal protective orders. The court set a permanency planning review

(PPR) hearing for March 2025.

C. Permanency Planning Review Hearings

CFS filed a status review report in advance of the PPR hearing recommending the

permanent plan of adoption for M.K. At the March 2025 PPR hearing, the court ordered

a permanent plan of placement in foster care with a permanent plan of adoption and

authorized CFS to place M.K. in a concurrent planning home. The court set a continued

hearing for September 5, 2025.

Thereafter, in its September 5, 2025 status review report, CFS recommended the

court set a section 366.26 hearing for adoption of M.K. who was placed in a matched

adoptive home and reported its assessment that it is in M.K.’s best interest to consider the

termination of parental rights. The parents’ visitation had been limited by criminal

protective orders; however, the parents were allowed to visit M.K. on April 8, 2025, May

19, 2025, June 9, 2025, and July 21, 2025. The social worker reported that M.K. cried

throughout the April visit and that during the May visit M.K. ran to the social worker

when she entered the room.

At the further PPR hearing, Father’s counsel objected to the setting of the section

366.26 hearing and requested a lesser plan of legal guardianship. Mother’s counsel also

objected to the setting of section 366.26 hearing. After hearing argument, the court set a

6
section 366.26 hearing for January 2026 to make a permanent plan for M.K. The court

found it was in M.K.’s best interest to consider termination of parental rights at that

hearing.

D. Father and Mother’s Petitions Under Section 388

Six days later, Father filed a petition under section 388 seeking a change to the

order denying Father reunification services with M.K. that was issued a year prior in

September 2024. The court summarily denied Father’s petition under section 388,

finding that “the request does not state new evidence or a change of circumstances.”

Father filed a notice of appeal from the summary denial of his petition under section 388.

Father’s appeal was denied by opinion filed August 24, 2026.5 (In re M.K., supra,

E087315.)

Mother also filed a section 388 petition. The court summarily denied Mother’s

petition, finding “the request [did] not state new evidence or a change of circumstances.”

Mother filed a notice of intent to file a writ petition. Mother’s counsel advised this court

that after reviewing the record on appeal there were no legal or factual issues upon which

to base an extraordinary writ. Mother’s petition was therefore dismissed.

II. Additional Proceedings Related to the Termination of Parental Rights

5 At the time the parents filed their opening briefs, the appeal in case No. E087315
was pending. Father argues in his opening brief that if this court reversed the juvenile
court’s order summarily denying his section 388 petition, then it must also reverse the
orders terminating his parental rights. Given the opinion, In re M.K., supra, E087315,
affirmed the juvenile court’s summary denial of Father’s section 388 petition, this
argument is moot and need not be addressed.

7
A. The Section 366.26 Report

In advance of the section 366.26 hearing, CFS filed its section 366.26 report

recommending termination of parental rights and implementation of the permanent plan

of adoption for M.K. At the time of the report, M.K. was one year old. M.K. had not

been in the care of his parents since he was approximately 10 days old and resided in a

prospective adoptive home since May 1, 2025. M.K. presented as a “happy child” who

“appears adjusted, comfortable, secure, and content in the [prospective adoptive] family

home.” CFS reported that there appeared to be a mutual bond between M.K. and the

prospective adoptive family.

The prospective adoptive father described having a loving relationship with M.K.

and called their relationship “great.” He reported that M.K. integrated well into the

family and that M.K. and his four-year-old daughter appear to love each other. The

prospective adoptive parents are “highly committed” and motivated to provide M.K.

“with a safe and loving home through permanency under Adoption.” They claim M.K. as

their son and M.K. calls them “mama” and “dada.” The prospective adoptive parents

have demonstrated their ability to provide M.K. with long term care. They ensured M.K.

was up to date on his well child visits, immunizations, attended appointments for ongoing

medical conditions, and was scheduled for an evaluation for developmental services

related to his speech.

CFS reported that M.K. is too young to understand the concept of adoption but is

“comfortable and adjusted” in the prospective adoptive home. M.K. seeks out his

8
prospective adoptive parents for comfort and affection and recognizes they can meet his

needs.

The parents were authorized to visit with M.K. one time per month for one hour.

M.K.’s parents visited him once a month, for one hour, from September through

December 2025. The social worker reported that during the September visit, M.K. ran

toward her. During the December 2025 visit, M.K. also ran to the social worker when

she entered the room. This happened twice during the December visit and the social

worker brought M.K. back into the room for the visit. The social worker reported that

she supervised exchanges after visitation and M.K. “is excited to see prospective adoptive

father.”

Paternal grandmother also had supervised visits once per month, for one hour.

Paternal grandmother may bring M.K.’s two half siblings with her to visits, but she

reported she had not brought them because they “have perfect attendance in school and

visitation occurs in the morning.”

CFS recommended the juvenile court find that M.K. was likely to be adopted,

termination of parental rights would not be detrimental to the child, and no exception to

section 366.26, subdivision (c)(1) applied.

B. Section 366.26 Hearings

The initial section 366.26 hearing was held on January 5, 2026. Father requested

increased visitation with M.K., and Mother joined in the request. County counsel

objected, acknowledging that while “visits do appear to go well” reunification services

9
were bypassed and there was no indication that an increase in visits would be in M.K.’s

best interests. The court denied the request. A contested hearing under section 366.26

was set for March 2, 2026.

In the interim, Father filed a section 388 petition, renewing his request that the

court change its order bypassing reunification services. The court set a hearing on

whether to grant an evidentiary hearing on the petition for March 2, 2026, at the time of

the contested section 366.26 hearing.

CFS also filed an additional information report before the contested hearing. CFS

reported the parents had visits in January and February 2026. At the January 2026 visit, it

was reported M.K. was “slow to warm,” “distant” from his parents, and that he “was

unsure and put [his] head in foster mother’s shoulder.” M.K. hugged Father when he

asked but did not hug Mother when she asked. M.K. also fell off his bike while Father

was driving it fast and did not see M.K. was not holding on. During that visit, the parents

also colored with M.K., played with the kitchen set and food, played with the toys, and

fed him. At the February 2026 visit, the social worker reported that M.K. kept saying

“hi” to her. The social worker also reported concern that M.K. was close to the street

while parents were watching him. M.K.’s half siblings came to the December 2025 visit,

and the prospective adoptive parents reported that M.K. was going to them “frequently”

during the visit.

CFS recommended that Father’s renewed section 388 petition be denied because

“[t]he request is not in [M.K.’s] best interest.” M.K. was “healthy and thriving” and

10
“bonded and attached to [his] caregivers.” It also reported that M.K. has had many

medical procedures due to the severe neglect. CFS recommended that “[a]t this time it is

in [M.K.’s] best interest to terminate the parental rights of the parents.”

The court held the contested section 366.26 hearing on March 2, 2026. First, the

court accepted Father’s section 388 petition into evidence and then heard argument

thereon. The court indicated that it read and considered carefully Father’s petition and

noted his efforts with respect to controlled substances. The court denied the petition

finding it was not in M.K.’s best interest.

The court then heard testimony from Father and Mother supporting their request

that parental rights not be terminated and that the court instead adopt a lesser plan of legal

guardianship. Mother testified that she consistently visited M.K. Mother reported that

M.K. was usually happy when he sees Mother and Father and runs up to them and calls

her “Mommy.” M.K. knows they bring food, snacks, new toys, and sometimes clothes.

She testified “he’s a little sad” when the visits end. M.K. also sought comfort from her

once when he bumped his head.

Father testified he also has supervised visits with M.K. once a month. Father

testified that during visits M.K. walks straight up to him, wants Father to pick him up,

and calls him “Dat-ti.” Father reported that M.K. “has no problem with [the parents]

holding him.” Father and Mother make M.K. smile and laugh, feed him, and play with

toys together. Father’s opinion is that M.K. is “pretty calm, maybe a little upset” when

visits are over, but M.K.’s also excited for his visit with paternal grandmother, which

11
occurs right after the parents’ visit. Father believes he has a bond with M.K. and he

would like to raise him.

Counsel then argued over whether the court should apply the beneficial parental

relationship exception to termination of parental rights under In re Caden C. (2021)

11 Cal.5th 614 (Caden C.). Mother’s counsel argued that Mother consistently visited and

that the child would benefit from a continued relationship with her. She further argued

that it would be detrimental to M.K. to sever Mother’s parental rights because M.K. is

happy to see her during visits, he sought comfort from her once when he got hurt, and he

is a little sad when the visit ends.

Father’s counsel argued that Father regularly visited M.K., that visits have gone

well, M.K. responds to Father, and calls him “da-da.” Father’s counsel argued that “it is

beneficial for the father to continue that relationship so they can maintain the bond with

the minor.” He also argued that terminating Father’s parental rights would be detrimental

to M.K. because the bond would be broken.

Minor’s counsel and county counsel agreed that Mother and Father had maintained

regular visitation but argued that they failed to establish the remaining elements of the

beneficial parental relationship exception. Minor’s counsel argued that the parents

testified the minor gets a “little upset” but does not show “great distress” when visits end.

Similarly, county counsel argued the parents did not meet their burden of proof to show

M.K. has a “substantial, positive, emotional attachment to the parent, the kind of

attachment implying that [M.K.] would benefit from continuing the relationship.”

12
Although parents testified that M.K. enjoyed monthly visits and the food and toys they

brought him, county counsel argued there was nothing in their testimony to evidence a

substantial, positive, emotional attachment to the parents or that it would be detrimental

to M.K. to terminate parental rights.

After considering the evidence and argument, the court found by clear and

convincing evidence that M.K. was likely to be adopted and that M.K. is “generally and

specifically adoptable.” The court found that Mother and Father maintained consistent

visitation but failed to establish the remaining elements of the beneficial parental

relationship exception. The court determined that no exception to adoption applied,

terminated parental rights, and selected adoption as M.K.’s permanent plan.

The parents timely appealed the termination of parental rights.

DISCUSSION

Father and Mother contend the juvenile court erred in its analysis of the second

element of the beneficial parental relationship exception. They point out three specific

areas of the analysis they believe were in error and allege that the court used M.K.’s bond

with the caregiver to discount their bond with M.K. thereby conflating the second and

third elements of the exception; the court did not evaluate the specific features of M.K.’s

relationship with his parents or his particular needs; and the court’s “friendly visitor”

reasoning was ambiguous making it unclear whether the court used improper “parental

role” reasoning. The parents seek reversal because based on these alleged errors they

13
believe the court could not and did not conduct an appropriate detriment weighing under

the third element.

I. Applicable Legal Principles and Standard of Review

“At the permanency stage, the court ‘either terminates parental rights and places

the child up for adoption or it selects another permanent plan, such as placement with a

guardian or in long-term foster care.’ ” (In re Z.G. (2026) 19 Cal.5th 373, 378, citing

Michael G. v. Superior Court (2023) 14 Cal.5th 609, 624.) “By the time of a section

366.26 hearing, the parent’s interest in reunification is no longer an issue and the child’s

interest in a stable and permanent placement is paramount.” (In re Jasmine D. (2000)

78 Cal.App.4th 1339, 1348.) “Adoption, where possible, is the permanent plan preferred

by the Legislature.” (In re Autumn H. (1994) 27 Cal.App.4th 567, 573 (Autumn H.).)

“But if the parent shows that termination would be detrimental to the child for at

least one specifically enumerated reason, the court should decline to terminate parental

rights and select another permanent plan.” (Caden C., supra, 11 Cal.5th at pp. 630-631;

see § 366.26, subd. (c)(1)(B)(i)–(vi), (4)(A).) The “ ‘statutory exceptions merely permit

the court, in exceptional circumstances [citation], to choose an option other than the

norm, which remains adoption.’ ” (Caden C., 11 Cal.5th at p. 631, citing In re Celine R.

(2003) 31 Cal.4th 45, 53.)

Under the beneficial parental relationship exception, the parent bears the burden of

proving three elements by a preponderance of the evidence: “(1) regular visitation and

contact, and (2) a relationship, the continuation of which would benefit the child such

14
that (3) the termination of parental rights would be detrimental to the child.” (Caden C.,

supra, 11 Cal.5th at pp. 631, 636; § 366.26, subd. (c)(1)(B)(i); In re I.E. (2023)

91 Cal.App.5th 683, 690-691 [“The parent carries the burden of establishing the

exception by a preponderance of the evidence [citation], meaning the parent must prove it

is ‘ “more likely than not” ’ the exception applies”].) The second and third elements of

the exception “significantly overlap.” (In re Katherine J. (2022) 75 Cal.App.5th 303,

317, fn. 7 (Katherine J.).)

We review for substantial evidence the juvenile court’s findings on whether the

parents have regularly visited and whether a beneficial relationship exists. (Caden C.,

supra, 11 Cal.5th at pp. 639-640.) Whether termination of parental rights would be

detrimental to the child because of the beneficial parental relationship is reviewed for

abuse of discretion. (Id. at p. 640.) We review the factual findings underlying that

decision for substantial evidence. (Ibid.)

“A court abuses its discretion only when ‘ “ ‘the trial court has exceeded the limits

of legal discretion by making an arbitrary, capricious, or patently absurd determination.’ ”

’ [Citation.] But ‘ “ ‘[w]hen two or more inferences can reasonably be deduced from the

facts, the reviewing court has no authority to substitute its decision for that of the trial

court.’ ” ’ ” (Caden, supra, 11 Cal.5th at p. 641.) This hybrid standard ensures the

reviewing court does not “ ‘substitute its own judgment as to what is in the child’s best

interests for the trial court’s determination in that regard, reached pursuant to the statutory

scheme’s comprehensive and controlling provisions.’ ” (Ibid.)

15
Here, the juvenile court found, and it was uncontested, that the parents maintained

consistent visitation with M.K. With respect to the second element, the parents contend

the juvenile court committed three legal errors requiring reversing the trial court’s finding

that the beneficial parental relationship exception does not apply.

II. Beneficial Relationship

The second element of the exception requires courts to “ assess whether ‘the child

would benefit from continuing the relationship.’ ” (Caden C., supra, 11 Cal.5th at p. 632;

§ 366.26, subd. (c)(1)(B)(i).) In other words, “[t]he parent must show that the child has a

substantial, positive, emotional attachment to the parent—the kind of attachment

implying that the child would benefit from continuing the relationship.” (Id. at p. 636.)

“Again here, the focus is the child. And the relationship may be shaped by a slew of

factors, such as ‘[t]he age of the child, the portion of the child’s life spent in the parent’s

custody, the “positive” or “negative” effect of interaction between parent and child, and

the child’s particular needs.’ ” (Id. at p. 632, citing Autumn H., 27 Cal.App.4th at p. 576.)

In making this assessment, “courts often consider how children feel about, interact

with, look to, or talk about their parents. [Citations.] Doing so properly focuses the

inquiry on the child, even as courts must remain mindful that rarely do ‘[p]arent-child

relationships’ conform to an entirely consistent pattern.” (Caden C., supra, 11 Cal.5th at

p. 632.) “[O]ften expert psychologists who have observed the child and parent and can

synthesize others’ observations will be an important source of information about the

psychological importance of the relationship for the child.” (Id. at pp. 632-633.) “[I]t is

16
not necessary—even if it were possible—to calibrate a precise ‘quantitative measurement

of the specific amount of “comfort, nourishment or physical care” [the parent] provided

during [the] weekly visits.’ ” (Ibid.) “Whether a parent or parents’ regular visitation and

contact (the first prong) builds a relationship that is beneficial to the child (the second

prong) depends on the nature and quality of the visits.” (In re G.H. (2022) 84

Cal.App.5th 15, 26.)

The beneficial parental relationship exception “demands something more than the

incidental benefit a child gains from any amount of positive contact with [their] natural

parent.” (Katherine J., supra, 75 Cal.App.5th at p. 318; accord In re M.V. (2025)

109 Cal.App.5th 486, 515; In re Dakota H. (2005) 132 Cal.App.4th 212, 229 (Dakota H.)

[a parent must demonstrate something “ ‘more than frequent and loving contact, an

emotional bond with the child, or pleasant visits’ ”].)

A. Caregiver Bond

First, the parents contend the court used M.K.’s bond with the caregiver to

discount M.K.’s bond with the parents, thereby conflating the second and third elements

of the exception. To support this contention, the parents argue that the court’s statement

that M.K.’s conduct “shows a bond with [prospective adoptive mother] as well” is

evidence that the court applied the wrong legal standard in evaluating the second element.

We are not persuaded.

“Error on appeal must be affirmatively shown by the record, and ‘[w]e presume

the trial court knew and properly applied the law absent evidence to the contrary.’ ”

17
(J.H. v. G.H. (2021) 63 Cal.App.5th 633, 644.) Contrary to the parents’ claims, the

record does not show that the juvenile court relied on M.K.’s bond with his caregiver to

discount the existence of a bond with his parents. There is also no language within the

court’s ruling to evidence a conflation between the second and third elements of the

exception.

The court’s reference to M.K.’s bond with his caretaker, when read in context,

could reasonably be construed as part of the court’s assessment of how M.K. “feel[s]

about, interact[s] with, [and] look[s] to” his parents during visits. (Caden C., supra,

11 Cal.5th at p. 632.) As part of that analysis, the court considered evidence that M.K.

vacillated during visits, was at times unsure about his parents, and put his head on the

caregiver’s shoulder. The court’s acknowledgment of M.K.’s bond with his caregiver

does not, in and of itself, support a finding that the juvenile court applied an improper

legal standard on the second element.

“ ‘We must indulge in every presumption to uphold a judgment, and it is

[appellants’] burden on appeal to affirmatively demonstrate error —it will not be

presumed. [Citation.]’ ” (People v. Tang (1997) 54 Cal.App.4th 669, 677.) Parents have

not demonstrated error, and it will not be presumed here.

B. Specific Features and Particular Needs

Second, Father contends that the court did not evaluate the specific features of

M.K.’s relationship with the Father or his particular needs.

18
With respect to the specific features of the relationship, Father contends that the

court did not acknowledge that at the December 8, 2025 visit, “M.K. immediately

approached Father and hugged his leg” as evidence of an unprompted, child initiated

affection. On the contrary, the record demonstrates that the juvenile court considered the

evidence regarding Father’s relationship with M.K., credited Father’s testimony that

M.K. “will come up, raise his hand, [and] calls him ‘daddy’ ” and found that the existence

of a beneficial relationship was a “close call.”

On reply, Father argues the “court acknowledged evidence within [the Caden C.]

formulation but did not explain why it was insufficient under the correct second-element

standard.” However, the juvenile court “is not required to make findings when it

concludes that parental rights termination would not be detrimental.” (In re A.L. (2022)

73 Cal.App.5th 1131, 1156.) Here, the record shows that the court concluded the parents

did not meet their burden of proof as to the second and third elements, therefore, the

exception to termination of parental rights under section 366.26, subdivision (c)(1)(B)(i),

was not applied. Given its conclusion that the termination of parental rights would not be

detrimental, the court was not required to make detailed findings on any element.

Further, we presume, in the absence of contrary evidence, that the juvenile court “ ‘knows

and applies the correct statutory and case law.’ ” (People v. Jones (2017) 3 Cal.5th 583,

616.)

With respect to M.K.’s particular needs, the parents contend that the court

committed reversible legal error by making no findings about M.K.’s visitation with his

19
half siblings. The parents do not specifically invoke the sibling relationship exception

but argue that the juvenile court erred in its analysis of M.K.’s “particular needs” by not

considering his relationship with his half siblings prior to terminating parental rights.

The parents cite no authority supporting their contention that a sibling relationship is a

“particular need” to be considered by the juvenile court in evaluating whether a child’s

relationship with his parents is beneficial.

“The issues before the court at a section 366.26 hearing are limited to the

questions of whether the child is adoptable and whether there is a statutory exception to

adoption.” (In re Erik P. (2002) 104 Cal.App.4th 395, 401 fn. 2.) Given “the sibling

relationship has no bearing on the question of adoptability . . . [t]here is no other vehicle

by which the [parents] can raise the sibling relationship to argue that the juvenile court

erred in terminating parental rights [other than the sibling relationship exception].”

(Ibid.) Further, a parent must raise an exception to the termination of parental rights at

the section 366.26 hearing; otherwise, the issue is waived on appeal. (Id., at pp. 402-

403.) To the extent the parents are now claiming a sibling relationship exception, this

issue has been forfeited as it was not raised in the trial court.

C. Parental Role Reasoning

The parents contend the juvenile court’s “friendly visitor” reasoning was

ambiguous; therefore, the court may have adopted improper “parental role” reasoning.

Courts acknowledge that “the words ‘parental role,’ standing alone, can have

several different meanings. They can mean being the person whom the child regards as

20
his or her parent (or at least as more his or her parent than any other caregiver).” (In re

L.A.-O. (2021) 73 Cal.App.5th 197, 210 (L.A.-O.).) These words can also “mean being a

good parent-nurturing, supportive, and guiding,” “giving parental care, such as changing

diapers, providing toys and food, and helping with homework.” (Ibid.) In assessing

whether there is a beneficial relationship courts must “do more than summarily state that

a parent has not occupied a parental role in his child’s life.” (Katherine J., supra,

75 Cal.App.5th at p. 319; see In re D.M. (2021) 71 Cal.App.5th 261, 270 [the trial court

erred by “focusing on whether father occupied a ‘parental role’ in the children’s lives,

equating that role with attendance at medical appointments, and understanding their

medical needs” without addressing attachment between father and his children]; see also

In re J.D. (2021) 70 Cal.App.5th 833 [reversing termination of parental rights when the

juvenile court’s analysis amounted to a comparison of the “ ‘parent’s attributes as

custodial caregiver relative to those of any potential adoptive parent(s)’ ”]; In re B.D.

(2021) 66 Cal.App.5th 1218, 1229 [juvenile court relied on improper considerations

including whether the parents occupied a “ ‘parental role’ ” in their children’s lives and

whether a “ ‘parental relationship’ ” existed].)

“[T]he parental-benefit exception does not require being a good parent; it does not

require that the parent have overcome the struggles that led to the dependency, and it does

not require that the parent be capable of resuming custody.” (L.A.-O., supra,

73 Cal.App.5th at p. 210.)

21
Here, the parents take issue with the juvenile court’s agreement with county

counsel’s argument that a child’s positive reaction to toys and food at a visit may not

evidence a substantial, positive, emotional attachment to the parents. The parents label

this as a “friendly visitor” rationale and argues that such reasoning is similarly ambiguous

and improper as the “parental role” reasoning. This argument, however, is out of context.

The court’s agreement with county counsel’s argument, in context, cannot

reasonably be interpreted to adopt “parental role” reasoning. Instead, the record reflects

the court’s consideration of whether M.K.’s positive response to the parents’ bringing

toys and food to visits was enough to demonstrate the substantial, positive, emotional

attachment required by the beneficial parental relationship exception. Moreover, the

record does not demonstrate the juvenile court relied on factors that Caden C. deems

irrelevant. The juvenile court did not use the term “parental role” nor did its analysis

hinge on factors associated with “parental role” reasoning. The court’s ruling does not

imply that it considered whether the parents had acted as good parents providing M.K.

with support and guidance, whether they met M.K.’s daily needs, attended medical

appointments or understood M.K.’s ongoing medical needs. The court’s ruling also does

not evidence that it considered whether the parents have overcome the struggles that led

to the dependency, could resume custody, or provided necessary parental care. Thus, we

find that the record does not support the parents’ contention that the court adopted

improper “parental role” reasoning.

22
Therefore, we find that the parents have not demonstrated any legal error in the

juvenile court’s assessment of the beneficial relationship element of the beneficial

parental relationship exception.

III. The Juvenile Court Acted Within its Discretion in Concluding the Beneficial

Parental Relationship Exception Did Not Apply

The parents argue that because the juvenile court committed legal error in

assessing the beneficial relationship element, it could not and did not properly conduct

the detriment weighing required by Caden C. As set forth above, we find no legal error

in the juvenile court’s assessment of the beneficial relationship element. We also find

that the juvenile court acted within its discretion in concluding the beneficial parental

relationship exception did not apply.

A. Beneficial Relationship

As set forth above, a substantial evidence standard applies to the second element.

(Caden C., supra, 11 Cal.5th at pp. 639-640.) In reviewing the juvenile court’s factual

determinations for substantial evidence, “a reviewing court should ‘not reweigh the

evidence, evaluate the credibility of witnesses, or resolve evidentiary conflicts.’ ” (Id. at

p. 640.) The determinations should “ ‘be upheld if . . . supported by substantial evidence,

even though substantial evidence to the contrary also exists and the trial court might have

reached a different result had it believed other evidence.’ ” (Ibid.)

We find that substantial evidence supports the juvenile court’s finding that the

parents did not meet their burden of proving the existence of a beneficial relationship. In

23
support of the exception, the parents proffered their own testimony consisting of their

opinions about their relationship with M.K. The parents testified that the visits were

positive and appropriate, M.K. was happy to see them, wanted Father to pick him up, and

knew that they brought him food, snacks, and new toys. M.K. calls the parents

“mommy” and “dat-ti.” They make M.K. smile and laugh, and they play with him and

feed him. Mother opines that M.K. was a “little sad” when the visit ends, and Father’s

opinion was that M.K. is “pretty calm, maybe a little upset” when the visit ends.

At the contested hearing, the court took “judicial notice of all prior findings and

orders” including the order denying reunification services to Mother and Father. The

court also read and considered all prior CFS reports, including attachments, and received

those reports into evidence. Given M.K.’s young age and limited verbal skills, CFS

reports provided the court with information about M.K.’s interactions with his parents

during visits. The parents’ visitation was limited by a criminal protective order and their

first supervised visit occurred after M.K. turned one year old. At the time of the section

366.26 hearing, M.K. had approximately 10 one-hour supervised visits with his parents.6

CFS reports reflected that during visits M.K. sought comfort and attention from social

workers and his prospective adoptive parents. In January 2026, two months before the

contested hearing, M.K. was reportedly “slow to warm,” “distant” and “unsure” at the

start of the visit, putting his head on his prospective adoptive mother’s shoulder.

6 The record does not reflect a visit in August 2025, but this may be an oversight
in CFS’ documentation.

24
After hearing the parents’ testimony and argument from counsel, the court

indicated that it was persuaded by county counsel’s argument that M.K.’s positive

response to new toys and food brought by the parents to visits may not rise to the level of

an emotional bond. The court considered that M.K. was almost two years old and had

only been in his parents’ custody for approximately 12 days. (Caden C., supra,

11 Cal.5th at p. 632 [when assessing the relationship courts consider factors like “ ‘[t]he

age of the child, the portion of the child’s life spent in the parent’s custody’ ”].) Further,

the court found that M.K. vacillated during visits; sometimes going to Mother but other

times being unsure and seeking comfort from his prospective adoptive mother. (Caden

C., at p. 632 [courts consider how children interact with or look to their parents].)

Although the court credited the parents’ testimony and acknowledged it was a

“close call”, the court ultimately determined that the parents failed to meet their burden

of proving that M.K. had a substantial, positive, emotional attachment to the parents such

that M.K. would benefit from continuing the relationship. (See Dakota H., supra,

132 Cal.App.4th at p. 229 [a parent must demonstrate something “more than frequent and

loving contact, an emotional bond with the child, or pleasant visits’”].) We do “ ‘not

reweigh the evidence, evaluate the credibility of witnesses, or resolve evidentiary

conflicts.’ ” (Caden C., supra, 11 Cal.5th at p. 640.)

Based on the record before us, we find that substantial evidence supports the

juvenile court’s determination that the parents did not meet their burden of proof as to the

second element.

25
B. Detriment

When “assessing whether termination would be detrimental, the trial court must

decide whether the harm from severing the child’s relationship with the parent outweighs

the benefit to the child of placement in a new adoptive home.” (Caden C., supra,

11 Cal.5th at p. 632, citing Autumn H., supra, 27 Cal.App.4th at p. 575.) The parent must

show that his or her relationship with the child “promotes the well-being of the child to

such a degree as to outweigh the well-being the child would gain in a permanent home

with new, adoptive parents.” (Autumn H., at p. 575.) Courts need to determine “how the

child would be affected by losing the parental relationship—in effect, what life would be

like for the child in an adoptive home without the parent in the child’s life.” (Caden C.,

at p. 633.) “[T]he question is just whether losing the relationship with the parent would

harm the child to an extent not outweighed, on balance, by the security of a new, adoptive

home.” (Id. at p. 634.) “The court must also determine, for the particular child, how a

prospective adoptive placement may offset and even counterbalance those harms.” (Id. at

p. 640.)

We find the court acted within its discretion in concluding that any benefits from

M.K.’s relationship with Father and Mother did not outweigh the benefit of stability

through adoption. The record reflects that the 10 visits between M.K. and his parents

generally went well, however, the court concluded that parents’ testimony regarding their

interactions with M.K. was insufficient to support a finding that they had a “substantial,

positive emotional attachment such that [M.K] would be greatly harmed” if the

26
parent/child relationship was severed. (Autumn H., supra, 27 Cal.App.4th 567, 575.)

Although Mother and Father opined that M.K. was a “little sad” or a “little upset” when

visits were over, there is no evidence that such responses had significant or lasting effects

on M.K.’s behavior or general well-being. (Caden C., supra, 11 Cal.5th at p. 636 [no

evidence of emotional instability or preoccupation].)

The parents did not demonstrate that “terminating that attachment would be

detrimental to [M.K.] when balanced against the countervailing benefit of a new,

adoptive home.” (Caden C., supra, 11 Cal.5th at p. 636.) The record demonstrates that

M.K. was bonded with his caregivers, who were his prospective adoptive parents. At the

time of the section 366.26 hearing, M.K. resided in a prospective adoptive home for ten

months and was observed to be happy, adjusted, comfortable, secure, and content. The

caregivers demonstrated their ability to provide M.K. with long term care and handle his

ongoing health care needs. They claim M.K. as their son and M.K. calls them “mama”

and “dada.” The prospective adoptive parents were “highly committed” and motivated to

provide M.K. “with a safe and loving home through permanency under Adoption.”

Based on the record, the juvenile court’s conclusion that Father and Mother failed

to show detriment that would support an exception to the termination of parental rights

was not arbitrary, capricious, or patently absurd. Accordingly, the court did not abuse its

discretion by declining to apply the parental-benefit exception under section 366.26,

subdivision (c)(1)(B)(i), and reversal is not warranted.

27
DISPOSITION

The juvenile court’s order terminating Father and Mother’s parental rights is

affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

LEE
J.

We concur:

RAMIREZ
P. J.
RAPHAEL
J.

28

← Back to CA Unpub Decisions · Knowledge Base
Lean view · served in 2 ms · full site view