In re Josue G.

The Los Angeles County Department of Children and Family Services (the Department) appeals under Welfare and Institutions Code section 395 1 from the order of the juvenile court following a section 366.26 selection and implementation hearing in which it selected a permanent plan of legal guardianship based on its finding that the child is not likely to be adopted. Because there is insufficient evidence to support the juvenile court’s finding that the child is not adoptable, we reverse.

Factual and Procedural Background

Josue G. was 12 days old in September 1999 when he was detained in the foster home of Carmela and Fernando R., where his sister Annel V. had *728 already lived for nearly two years. The Department filed a petition under section 300, subdivision (j) on September 20, 1999, alleging that Josue’s sibling had been declared a dependent of the court under section 300, subdivision (b), and that Josue’s parents, Maria G. and Nelson V., had failed to comply with the case plan ordered by the juvenile court in that case, and had failed to successfully reunify with Josue’s sibling, thus endangering Josue and placing him at risk of physical and emotional harm. 2

The…