CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Placement Preferences
............Designated Prospective Adoptive Parent
5 Cards On This Topic:
  • Designating a prospective adoptive parent.
  • De facto parent, with whom C lived almost from 12/12 birth, was entitled to notice and hearing before C's removal; juv. court abused its discretion in summarily ordering removal in favor of relative adoption.
  • W&IC 366.26(n)(3) not applicable when C removed from prospective adoptive parents ••prior•• to termination of parental rights; 366.26(n)(3) rights and right to appeal belongs to PAPs, not to the biological parents whose rights terminated.
  • PAPs have rights under W&IC 366.26(n) to notice and opportunity to object and participate, but they have no fundamental liberty interest in C and no statutory or due process right to appointed counsel at hearing.
  • Subject to same discretion juvenile court exercises over any litigant, in any hearing under subdivision W&IC 366.26 (n) designated PAPs may offer evidence, examine witnesses, provide court with legal authority and make arguments.