Child Protective Services v. John D.

John D. appeals the order on a six-month permanency plan review hearing. The order continued his children’s status as dependent children and appointed Mary Ellen Staab as their guardian. We reverse the order appointing Mrs. Staab as guardian because the social study report supporting guardianship was statutorily deficient. (Welf. & Inst. Code, 1 § 366.25, subd. (e).)

Facts

The three minor children of John D. have been in continuous foster care since his arrest and incarceration in 1984. They have resided with Mary Ellen Staab, their present foster mother, for nearly three and one-half years. In May 1988 the trial court modified the permanent plan concerning the *615 children to one of guardianship. On September 19, 1989, the court continued the children as dependent children and appointed Mrs. Staab as their guardian. A social study report and the testimony of Mrs. Staab supported her appointment.

John D. 2 appeals the trial court’s order and contends the social study report failed to comply with the mandatory directives of section 366.25, subdivision (e). We agree.

Discussion

Section 366.25, subdivision (e) requires the court to consider a social study report prior…