In re SCOTT B































Filed 9/10/10 opinion on rehearing















CERTIFIED FOR PUBLICATION







IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION THREE




>

In re SCOTT B., A Person Coming Under the Juvenile Court Law.	B220526 (Los Angeles County
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. DOLLY B., Defendant and Appellant.	Super. Ct. No. J910721)

APPEAL from an order of the Superior Court of Los Angeles
County, Zeke Zeidler, Judge. Order is reversed and remanded
for further proceedings.

Roni
Keller, under appointment by the Court of Appeal, for Defendant and Appellant.

Andrea
Sheridan Ordin, County Counsel,
James M. Owens, Assistant County Counsel, and Jacklyn K. Louie, for
Plaintiff and Respondent.

___________________________________________

In
this dependency case (Welf. &
Inst. Code, § 300 et seq.),[1]
Dolly B., the mother of the minor child Scott. B. (Mother and Scott,
respectively), appeals from a section 366.26 order that terminated her
parental rights. At issue in the appeal
is the applicability of a statutory exception to termination of parental
rights--the parent-child relationship exception.
(§ 366.26, subd. (c)(1)(B)(i).) >[2] Mother contends the exception applies to her
relationship with Scott and therefore the dependency court committed reversible
error when it chose adoption as a permanent plan for Scott and terminated her
parental rights. She contends the trial
court should have identified legal guardianship as the appropriate permanent
plan for the minor child.

Our
review of the record convinces us that Mother's position is well taken. We will therefore reverse the order that
identified adoption as Scott's permanent plan and terminated Mother's parental
rights.

>BACKGROUND OF THE CASE

1. >Initiation of the Case and Mother's First
Appeal to This Court

a. Efforts
to Avoid Detention of Scott by the >Dependency Court

This case commenced in July 2006
with a section 300 petition alleging physical abuse of Scott by his maternal
grandmother (MGM) and Mother's failure to protect the child; violence between
Mother and Scott's maternal uncle; Mother's neglect of the minor's hygiene; and
filthy, unsanitary conditions in the family home where Scott lived with Mother,
the MGM, and Scott's two uncles. Scott,
who was born on October 10, 1998,
was seven years old at the time. Prior
to the petition being filed, attempts had been made to resolve the family's
problems through the Los Angeles County
Department of Children and Family Services (the Department). Scott had been diagnosed through the Los
Angeles Unified School
District as having characteristics consistent
with ADHD (attention deficit hyperactivity disorder) and a need for special
education services, and diagnosed through Regional
Center as having a â€