California Supreme And Appellate Court
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Family Law

FAMILY LAW
Family Law Case Summaries

■ In re N.M., No. C056832

 R.M. (appellant), father of N.M. (minor), appeals from the orders and judgment of the juvenile court setting a permanent plan of legal guardianship and appointing Y.C., a nonrelative, as the minor’s legal guardian instead of P.M., the minor’s paternal grandmother.  (Welf. & Inst. Code, §§ 366.26, 395.)[1]  Appellant contends there was insufficient evidence of good cause to deviate from the preference of the Indian tribe, the expert on the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.), and the Sacramento County Department of Health and Human Services (Department) to place the minor with the paternal grandmother.  (§ 366.26, subd. (c)(1)(B)(vi)(II).)[2]  We disagree and will affirm the judgment.

■ HELD:

In a juvenile dependency action, juvenile court order setting a permanent plan of legal guardianship and appointing a nonrelative as the minor's legal guardian instead of the minor's paternal grandmother is affirmed where substantial evidence supported the juvenile court's finding of good cause to deviate from the preference of the Indian tribe, the ICWA expert, and the Department of Health and Human Services and place the minor with a non-relative.
In re N.M.-C056832- 5/27/09 CA3
In re N.M.-C056832- 5/27/09 CA3  

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