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Name: Orange County v. Nakia A.
Case #: G034454
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/23/2005

Appellant argued that there was insufficient evidence that the minor was adoptable and therefore her parental rights should not have been terminated. In this opinion, Division Three of the Fourth DCA holds that because adoptability is an issue on which the Department bears the burden of proof, appellant could challenge the sufficiency of evidence for the first time on appeal despite her failure to object below. (Agreeing with In re Erik P. and In re Brian P., and disagreeing with In re Aaron B. and In re Urayna L.) However, since there was sufficient evidence of adoptability here, the appellate court affirmed the juvenile court’s finding and termination of parental rights.