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Name: In re Gabriel G.
Case #: H028860
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/19/2005

Mother appealed the order identifying adoption as the permanent plan for the minors and directing the Department to locate an adoptive home for them. She argued that there was insufficient evidence to support the finding that the minors were adoptable. The Department argued that the appeal should be dismissed because mother’s contentions were premature because the order merely deferred the selection of a permanent plan, and therefore the order was not appealable. The appellate court found that the order was appealable, given recent amendments to Welfare and Institutions Code section 366.26, subdivision (c)(3). The court also rejected mother’s contentions on the merits and affirmed the order. Although the minors were difficult to place due to their membership in a sibling group, there was evidence to support the conclusion that they were likely to be adopted. They were young, healthy, developmentally on target, and physically appealing.