City & County of San Francisco Department of Human Services v. Elvina R.
Opinion
lead Opinion
Parrilli, J.
Elvina R. appeals from an order summarily denying her modification petition under Welfare and Institutions Code section 388, 1 and from an order under section 366.26, subdivision (b)(2) identifying adoption as the permanent placement goal for her son Ramone R. and allowing 180 days for finding an appropriate adoptive family. The latter order was premised on a finding that Ramone “has a probability for adoption but is difficult to place,” and required the court to proceed with either adoption or legal guardianship as his permanent placement at the end of the 180-day period. (§ 366.26, subd. (c)(3).) Ramone was currently placed in a foster home with a specially trained caretaker to help provide for his medical and other special needs.
*1343 We affirm the denial of the section 388 petition. We reverse the section 366.26, subdivision (b)(2) order because there was no evidence Ramone’s adoption was probable. The court abused its discretion by foreclosing long-term foster care as a placement option under the circumstances of this case.
BACKGROUND
Ramone was bom in May 2002. On July 16, 2003, the San Francisco Department of Human Services (DHS) detained Ramone and placed him…