L.A. Cty. Dep't of Children & Family Servs. v. Kathryn S.

*800 Opinion

The Los Angeles County Department of Children and Family Services (hereinafter DCFS) appeals an order granting legal guardianship of Tamneisha S., a dependent minor of the court, to her foster parents. DCFS asserts adoption is the permanent plan preferred by the California State Legislature when a child cannot be reunited with his or her parents and therefore is the preferred plan for Tamneisha. While it is true adoption is the preferred permanent plan for a child found dependent under section 300 of the Welfare and Institutions Code 1 who cannot be returned to his or her family, the Legislature has made explicit the manner and circumstances in which a juvenile court may terminate parental rights and order a child be placed for adoption. Under section 366.26, subdivision (c)(1), “[t]he court shall terminate parental rights only if it determines by clear and convincing evidence that it is likely that the minor will be adopted . . . ,’’ 2 Absent such a finding, the court may make arrangements for the child’s long-term care which may or may not include active parental involvement, but the parental relationship may not be terminated. (§ 366.26, subds. (b), (c).) In this…