In re R.S. CA2/8

FACTS

Given the narrow issue on appeal, we briefly summarize the facts for context, focusing on those limited facts and procedural issues material to our discussion. R.S. is one of two children mother had with father (the other child is R.S.’s older brother). Father is not a party to this appeal. Mother also has at least one other minor child who is a younger half sibling to R.S. In November 2009, the Los Angeles County Department of Children and Family Services (Department) filed a petition pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (g) as to R.S. and his older brother. Reunification services were provided to mother, but ultimately proved unsuccessful and were terminated in January 2013. The Department recommended R.S. be adopted by his paternal grandparents who were his caregivers. The grandparents were interested in adoption. After a contested Welfare and Institutions Code section 366.26 hearing, the court ordered legal guardianship as the permanent plan. R.S.’s paternal grandparents were appointed his legal guardians with Kin-GAP assistance. The court decided not to terminate parental rights due in part to evidence showing R.S.’s bond to his…