Wayne

In this writ proceeding we are called upon to interpret the recently enacted provisions of Welfare and Institutions Code section 366.26, subdivision (n) (subdivision (n)). In general, section 366.26 provides for a hearing to determine whether parental rights over a child who has been adjudged a dependent should be terminated. Subdivision (n) provides that at or after a hearing is held under section 366.26, the juvenile court may, if specified conditions are met, designate the child’s caretaker as a “prospective adoptive parent” (PAP). Among other facts, before designating the caretaker as a PAP the juvenile court must determine the child has lived with the caretaker for six months.

Subdivision (n) further provides that a PAP, or any caretaker who would qualify as a PAP, must be given notice and an opportunity to object to any decision by a social services agency to remove a child from the PAP’s or caretaker’s home. The PAP or caretaker may then object to removal of the child from his or her care. Upon receiving an objection from a PAP, the juvenile court must conduct a hearing and determine whether removal of the child from the PAP’s home is in the best interest of the…