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Name: In re Jayden M.
Case #: C075336
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/01/2014

Parents did not have standing to raise relative placement issue after services were terminated, and where minor was removed from relatives prior to the 366.26 hearing. The minor was originally placed with his paternal aunt and uncle following removal from his parents. Although the initial permanent plan was adoption by the paternal aunt and uncle, the Department developed some concerns about the uncle and recommended placement with another family. The minor was removed from the aunt and uncle prior to the 366.26 hearing. The juvenile court selected a permanent plan of adoption. On appeal, the parents contended that the court abused its discretion when it failed to comply with the procedural requirements relating to relative placement codified in sections 361.3 and 366.26, subdivision (n). The appellate court rejected their argument and affirmed. The notice requirement of section 366.26, subdivision (n) did not apply because the minor was removed prior to the hearing. The statute only provides for notice if the child is removed after the 366.26 hearing. Further, parents did not have standing to raise the issue. Once a parent’s services have been terminated, the parent has no standing to appeal relative placement preference issues.