In re Preston S.
Appellant is the mother of minors Preston and Patrick. Appellant Lamar F. is an alleged father of Patrick. At a hearing held pursuant to Welfare and Institutions Code section 366.26, the court terminated Brandis parental rights to her two children, as well as the parental rights of any alleged fathers. Brandi contends that the court erred in finding that the beneficial relationship exception to terminating parental rights did not apply. (See 366.26, subd. (c)(1)(A).) Lamar contends that the court failed to comply with the notice requirements of the Indian Child Welfare Act (the ICWA) after he informed the court of his possible Cherokee ancestry. (See 25 U.S.C.A. 1912(a).) Brandi joins in Lamars argument pursuant to rule 13(a)(5) of the California Rules of Court.
Court hold: (1) there is substantial evidence to support the courts finding with respect to the beneficial relationship exception; (2) Lamar does not have standing to challenge the termination of his parental rights; and (3) on this record, there was no obligation to send ICWA notices following Lamars assertion of Cherokee ancestry. Court dismiss Lamars appeal, and affirm the orders made at the section 366.26 hearing.
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