In re L.P. CA2/4
In this dependency action, the mother (appellant R.M.), half-brother (mother’s son, appellant Paul M.), and presumed father (appellant Jeff P.) of dependent minors L.P. and E.P. appealed from orders terminating parental rights, freeing L.P. and E.P. for adoption, and denying petitions for modification. (Welf. & Inst. Code, §§ 300, 366.26, 388.)
In order to terminate the parental rights of a non-offending, non-custodial presumed father, the law requires a finding, based on clear and convincing evidence, that it would be detrimental to place the children with that parent. We conclude that the order terminating father’s parental rights must be reversed because it is not supported by a proper finding of detriment. The order selecting adoption as the permanent plan also is reversed and the matter is remanded for further proceedings.
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