What is the effect of section 366.26 of the California Family Law Act on termination of parental rights?

California, United States of America


The following excerpt is from Sacramento Cnty. Dep't of Health & Human Servs. v. J.M. (In re Jayden M.), C075336 (Cal. App. 2014):

We construe the statute within the context of the " 'overall statutory scheme.' " (People v. Elmore (2014) 59 Cal.4th 121, 140.) While section 366.26 relates to the procedures for terminating parental rights, other provisions in the statutory scheme mandate procedures that apply prior to the termination of parental rights. (See, e.g., 319 [detention], 355-356 [jurisdiction], 358, 360 [disposition], 361.5 [denial of reunification services], 366.21, 366.22 [review hearings, including termination of reunification services], 366.26 [termination of parental rights].)

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