§7.08 Findings and Orders in General

At a .26 hearing, you must make one of the following findings and orders in the order of preference shown:

• Permanently terminate parental rights, and order the child to be placed for adoption after finding by clear and convincing evidence that the child is likely to be adopted [WIC §366.26(b)(1), (c)(1)];
• Identify adoption as the permanent placement goal without terminating parental rights, and order that efforts be made to locate an appropriate adoptive family within 180 days [WIC §366.26(b)(2), (c)(1), (3)];
• Appoint a guardian for the child and issue letters of guardianship [WIC §366.26(b)(3)]; or
• Place the child in foster care [WIC §366.26(b)(4)].

As done at previous hearings, at the .26 hearing you should also inquire about the child’s educational needs, determine who holds the educational rights for the child,  and determine the child’s general and specific educational needs and identify a plan to meet those needs. [CRC 5.651.] You may limit a parent’s or current caretaker’s right to make educational decisions for the child, and if you do, you must immediately proceed to appoint an educational representative for the child. [WIC §361; CRC 5.650(a)–(b).] If you appoint a guardian for the child, all educational rights and responsibilities transfer to the newly appointed guardian unless you determine that the guardian is not able to act in the child’s best interests regarding education. [CRC 5.650(e).] For further discussion, see Part 1, §3.11.

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