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Name: In re Xavier G.
Case #: D050977
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/27/2007
Summary

Mother’s parental rights were properly terminated where grandmother preferred guardianship but was willing and able to adopt the minors. Mother appealed the termination of her parental rights, contending that there was insufficient evidence that the grandmother was willing to adopt the children and that the court should have chosen guardianship as the permanent plan because of grandmother’s preference for guardianship. The appellate court rejected the argument and affirmed. Adoption is the permanent plan preferred by the Legislature. There was substantial evidence that grandmother was able and willing to adopt the minors, and the fact that she preferred guardianship to adoption was irrelevant. Family preferences are insufficient to trigger application of 366.26, subdivision (c)(1)(D). A guardianship would not have provided the minors with the same level of stability adoption would provide.