M.D.

Introduction

M.D. (mother) appeals the juvenile court’s order terminating her parental rights to her daughter P.C. and her son Estevan C., now ages eight and five, respectively. This case presents us with this question: Is poverty alone—even when it results in homelessness or less than ideal housing arrangements—a sufficient ground to deprive a mother of parental rights to her children? We *100 agree with the analysis of the recent case, In re G.S.R. (2008) 159 Cal.App.4th 1202 [ 72 Cal.Rptr.3d 398 ], and hold it is not. We therefore reverse.

Although the juvenile court properly exercised jurisdiction over these children, by the time of the permanency hearing, as the Orange County Social Services Agency (SSA) admitted, the only reason the children could not be returned to mother’s custody and care, at least on a temporary basis, was her lack of stable, suitable housing. Mother had completed her case plan. Any detriment to returning the children to mother’s custody and care was solely due to her lack of housing, which, in turn, was due in large part to her lack of funds. Mother worked steadily, but was unable to find affordable housing in Orange County. During the…