In re L.W.
In this appeal from an order terminating his parental rights to his son and his daughters, appellant (father) contends that reversal is mandated because the juvenile court committed structural error in refusing to file his petition under Welfare and Institutions Code section 388. Appellant also contends the court compounded its error by failing to apply the so-called “benefit exception” set forth in section 366.26, subdivision (c)(1)(A). Neither claim has merit. The court agreed that the juvenile court erred in refusing to file the petition, but did not perceive the error as structural. Rather, court applied the Chapman standard and found the error to be harmless beyond a reasonable doubt. As for father’s remaining contention, he has forfeited the issue for failing to address it below, andthe evidence does not support his position. Order Affirmed.
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