N.M.
Madera County Department of Social Services v. N.M.
Opinion
Lead Opinion
Gomes, J.
K.M. and K.H. (hereafter referred to individually by their respective initials or collectively as the children) appeal from the Welfare and Institutions Code section 366.26 orders designating legal guardianship with their maternal grandparents as their permanent placement. 1 This placement was based on the juvenile court’s finding that the exception to termination of parental rights and adoption of section 366.26, subdivision (c)(1)(A), which governs a child living with a relative who is “unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child,” applied *410 in this case. The children contend the juvenile court erred in applying this exception because it was required to find the relative caregiver’s inability or unwillingness to adopt was due to “appropriate circumstances.” We disagree and affirm the orders.
FACTUAL AND PROCEDURAL BACKGROUND
In May 2010, the Madera County Department of Social Services, Child Welfare Services (Department) initiated dependency proceedings over then three-year-old K.H. and six-month-old K.M. after their mother, N.M. (mother), was arrested…