A150346

Mother appealed from the denial of her section 388 petition for modification and the termination of her parental rights. The Court of Appeal reversed the juvenile court’s order terminating mother’s parental rights and identifying adoption with paternal grandparents in Denmark as the permanent plan for the minor. The Court agreed with mother that she had established the applicability of the beneficial-relationship exception under WIC 366.26, subd. (c)(1)(B)(i). The Court found that due to the undisputed strong bond between mother and the minor, an exceptional situation existed which overcame the Legislature’s preference for adoption. The Court stated that in light of its conclusion that the juvenile court erred in terminating mother’s parental rights, it would be appropriate to remand the entire case so the court could take into consideration any new evidence or changed circumstances so that it may consider the current best interests of the minor.

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