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Name: In re Josue G.
Case #: B158488
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 02/27/2003
Subsequent History: Opn. modified & rehrg. den. 2/27/03

The two-year-old minor had been living with his foster parents and older sister for his entire life (two years) at the time of the 366.26 hearing. The Department recommended adoption as the permanent plan. The foster parents, who were over 70 years old, did not wish to adopt the minor. The minor was a happy, healthy, adoptable two year old, who was bonded to the foster parents. The juvenile court found that the minor was not adoptable based on the age of his caretakers, and that it was in his best interest to remain with his current caretakers under a plan of guardianship. The Department appealed. The appellate court reversed the juvenile court order. The inquiry as to whether a child is likely to be adopted does not focus on the parents, but on the child. Here, all the evidence supported the conclusion that the minor was likely to be adopted. The legislative preference is for adoption. Further, guardianship would not provide the stability which adoption can, and was therefore not in the minor’s best interest.