In Re Xavier G.
Opinion
Opinion
Aaron, J.
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 210 OPINION Rachel G. appeals a judgment terminating her parental rights to her minor sons, Xavier G. and Alex G. (together, the minors), under Welfare and Institutions Code section 366.26 . 1 Rachel asserts that the exception to termination of parental rights under section 366.26, subdivision (c)(1)(D) precludes termination of parental rights because there was insufficient evidence to support the court's finding that the maternal grandmother was willing to adopt the children. She further asserts that the court should have chosen guardianship rather than adoption as the permanent plan. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In October 2005 the San Diego County Health and Human Services Agency (Agency) filed petitions on behalf of two-year-old Alex and four-year-old Xavier under section 300, subdivisions (a) and (b). The petitions alleged that Alex was at risk of suffering serious physical harm after his mother placed him on train tracks on two different occasions, causing the trolley to have to make an emergency stop. The…