Los Angeles County Department of Children & Family Services v. Margaret M.

*532 Opinion

This appeal is from the termination of Margaret’s (Mother) parental rights over Fernando. Mother and Fernando correctly argue that the juvenile court should have selected legal guardianship as Femando’s permanent plan instead of adoption because, notwithstanding the strong presumption in favor of adoption, the peculiar facts of this case demonstrate a compelling reason for finding that termination of parental rights would be detrimental to Femando and exceptional circumstances warrant selecting legal guardianship as his permanent plan.

In the unpublished portion of the opinion, we find Mother and Fernando’s argument regarding the Indian Child and Welfare Act has no merit. We shall reverse the juvenile court’s order identifying adoption as Femando’s permanent plan.

FACTUAL AND PROCEDURAL BACKGROUND

Fernando was bom with a positive toxicology for alcohol and marijuana, and Mother had entered a voluntary maintenance plan, which proved unsuccessful. The court detained Fernando on July 28, 2004, when he was approximately four months old, and ordered him placed with maternal grandmother, Christina, who had been taking care of him. 1 Christina had called the police when…