In re L. Y. L

In In re L. Y. L. (2002) 101 Cal.App.4th 942, a mother appealed from a judgment terminating her parental rights to her daughter, under section 366.26, and selecting a permanent plan of adoption. She argued that there was insufficient evidence to support the court's finding that section 366.26, subdivision (c)(1)(E), the sibling relationship exception to termination of parental rights, did not apply. The L. Y. L. court held that the mother had standing to litigate the sibling relationship exception. It reasoned, in part, that if a court finds that the sibling relationship exception applies or does not apply, "an immediate and substantial consequence results to the parent's legally cognizable interest in the relationship with his or her child." (L. Y. L., supra, 101 Cal.App.4th at page 948.) Under section 366.26, subdivision (c)(1)(E), parental rights may not be terminated, if the parent shows: "'There would be substantial interference with a child's sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the child's best interest, including the child's long-term emotional interest, as compared to the benefit of legal permanence through adoption.'" (L. Y. L., supra, 101 Cal.App.4th at pages 947-948.)