CHILDREN AND THE LAW
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Dependency Petitions
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Selection & Implement. Hrg.
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Adoption as Preferred Perm. Plan
............In General/Statutory Authority
8 Cards On This Topic:
Adoption as permanent plan.
Adoption as permanent plan.
Substantial evidence grandmother able and willing to adopt Cs and W&IC 366.26 (c)(1)(D) exception did not apply; fact that grandmother preferred guardianship over adoption was irrelevant.
W/out evidence that special needs C would have proper care in legal guardianship or adoptive home, abuse of discretion to proceed under W&IC 366.26(b)(2) & (c)(3), cutting off his eligibility for expert foster care in 180 days.
No distinct "best interest" exception to adoption under W&IC 366.26. M’s best interest implicit in 366.26 (c)(1)(A)–(D) enumerated exceptions—court need not articulate factor.
Cases discussing adoption as the preferred permanent plan.
Court properly selected adoption for M, based on evidence and statutory preference for adoption as most permanent plan, therefore the one best serving M’s interests.
Adoption rather than guardianship was proper permanent plan where reunification terminated, stability would be best provided by adoption, and no circumstances justified other disposition.