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Name: In re Marina S.
Case #: B181003
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 07/27/2005

At the time of the 366.26 hearing in this case, the dependent minor had been in a legal guardianship with her grandparents, with whom she had lived with almost all of her life, and to whom she was bonded. Mother failed to reunify, and the court found the minor likely to be adopted and terminated parental rights. The only impediment to the grandparents’ adoption was that their home study had yet to be completed. Mother objected to termination until the home study was completed. The appellate court found that substantial evidence supported the finding that the minor was likely to be adopted. The grandparents were committed to adopting the minor, and although the home study was not complete, the parents had already passed criminal record checks to become the minor’s guardians. Further, the minor was a happy and healthy child who would be adoptable even if for some reason her grandparents could not adopt her. There is no requirement that a home study be completed before a court can terminate parental rights. The question of a family’s suitability to adopt is an issue reserved for the subsequent adoption proceeding.