In re Jacquelyn B.
In this appeal and consolidated writ petition, a paternal aunt who for nearly four years was the caretaker of two dependent children challenges the trial courts finding that she was not their prospective adoptive parent for purposes of Welfare and Institutions Code section 366.26, subdivision (n)(1).[1] Appellant Jackie B. argues insufficient evidence supports this finding, and she claims the court abused its discretion and denied her due process by considering extraneous circumstances and the best interests of the children without allowing her an opportunity to be heard. Court agree the court abused its discretion by conflating a best interests inquiry with the threshold question of whether Jackie was a prospective adoptive parent entitled to a hearing on best interests under section 366.26, subdivision (n). Because this error was prejudicial, Court reverse and remand for further proceedings.
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