Rita M. v. Sup. Ct.
The former foster mother of minor, petitions for extraordinary relief after a hearing in which the juvenile court did not designate her as minor's prospective adoptive parent under Welfare and Institutions Code section 366.26, subdivision (n) and authorized the San Diego County Health and Human Services Agency (the Agency) to remove him from her care. Appellant contends the court erred by finding she did not qualify as minor's prospective adoptive parent and authorizing his removal; the Agency should have been prohibited from opposing her adoption of minor, the court should have considered her his de facto parent; minor's best interests would be promoted by maintaining his relationship with her and would preserve his relationship with his siblings; and when he was removed from her care he should have been placed with a relative. Court held appellant was not given sufficient notice to allow her to respond adequately to the Agency's concerns about her care of the children in her home. Court granted the petition and directed the juvenile court to hold a new hearing.
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