Los Angeles County Department of Children & Family Services v. Dolly B.

Good Law
115 Cal. Rptr. 3d 321·188 Cal. App. 4th 452·2010 Cal. App. LEXIS 1592
Court of Appeal of CaliforniaSeptember 10, 2010No. B220526California8,905 words

Opinion

lead Opinion

Croskey, J.

In this dependency case (Welf. & Inst. Code, § 300 et seq.), 1 Dolly B., the mother of the minor child Scott. B. (Mother and Scott, respectively), appeals from a section 366.26 order that terminated her parental rights. At issue in the appeal is the applicability of a statutory exception to termination of parental rights—the parent-child relationship exception. *455 (§ 366.26, subd. (c)(l)(B)(i).) 2 Mother contends the exception applies to her relationship with Scott and therefore the dependency court committed reversible error when it chose adoption as a permanent plan for Scott and terminated her parental rights. She contends the trial court should have identified legal guardianship as the appropriate permanent plan for the minor child.

Our review of the record convinces us that Mother’s position is well taken. We will therefore reverse the order that identified adoption as Scott’s permanent plan and terminated Mother’s parental rights.

BACKGROUND OF THE CASE

1. Initiation of the Case and Mother’s First Appeal to This Court a. Efforts to Avoid Detention of Scott by the Dependency Court

This case commenced in July 2006 with a section 300 petition alleging physical…

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