26 Hearing California
In In re P.C. (2008) 165 Cal.App.4th 98, the juvenile dependency petition alleged the mother, the appellant, had physically abused her children and had left them with a caretaker without providing any means of support or information as to the mother's whereabouts.
The father allegedly had committed domestic violence against the mother in the presence of the children. (P.C., supra, 165 Cal.App.4th at p. 100.)
Prior to the Welfare and Institutions Code section 366.26 hearing (.26 hearing), mother completed her case plan, separated from father, and resolved the problems that had lead to removal of her children. (Id. at pp. 101,105.)
Nevertheless, the juvenile court in P.C. terminated reunification services, set a .26 hearing, and ultimately terminated parental rights because the mother was unable to provide suitable housing for the children. (P.C., supra, 165 Cal.App.4th at p. 102.)
On appeal, the court in P.C. reversed termination of parental rights on the ground that the mother's inability to secure suitable housing due to poverty was an insufficient basis for terminating her parental rights. (Id. at p. 107.)