Skip to content
Name: In Re Marriage of E. and Stephen P.
Case #: B243469
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/13/2013

In a termination of parental rights case, father forfeited a contention regarding the social worker’s investigation and report by not raising it in the trial court. The trial court granted mother’s petition to terminate father’s parental rights to the minor under Family Code section 7827, due to father’s mental disability. On appeal, father alleged that the trial court committed per se reversible error when it failed to order and consider an investigation by an LCSW pursuant to sections 7850 and 7851. Father also contended that the trial court erred by terminating parental rights when no adoption was pending, and failing to consider less drastic alternatives. The appellate court rejected the arguments and affirmed. Father forfeited his contention concerning the application of sections 7850 and 7851 by not raising them below. Further, father failed to demonstrate that sections 7850 and 7851 applied, and if they applied, that he was prejudiced by the failure to obtain the investigations. Substantial evidence supported the trial court’s finding that termination of parental rights was in the minor’s best interest, and the conclusion that there were no less drastic alternatives reasonably available.