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Name: In re Salvador M.
Case #: D046686
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/09/2005

The minor was declared a dependent of the court and placed with his maternal grandmother, who was also the legal guardian of the minor’s brother. In her appeal from a subsequent parental rights termination, mother contended that the minor and his brother had significant enough a relationship that the minor would suffer detriment if the relationship were terminated, and therefore the juvenile court erred by not applying the sibling bond exception to adoption. The appellate court affirmed. The sibling bond exception would apply only if the adoption by the maternal grandparents fell through. The Department’s motion to augment the record was granted and included a report which disclosed that the grandmother’s home study was approved, removing any uncertainty that the grandmother would adopt the minor. There was therefore no reason to delay the minor’s chance of permanence in an adoptive home which would allow him to continue the relationship with his brother. Even if mother reunified with the brother, there was nothing in the record to suggest that the relationship with the minors would be terminated.