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IN RE BRIAN P.

No. A096306.

121 Cal.Rptr.2d 326 (2002)

99 Cal.App.4th 616

In re BRIAN P., a Person Coming Under the Juvenile Court Law. Alameda County Social Services Agency, Plaintiff and Respondent, v. Cristian L., Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

As Modified on Denial of Rehearing July 16, 2002.

Attorney(s) appearing for the Case

Janet H. Saalfield, Sausalito, by appointment of the Court of Appeal under the First District Appellate Project's independent case system, for Appellant.

Richard E. Winnie, County Counsel; Nedra A Shawler, Deputy County Counsel, County of Alameda, for Respondent.

PARRILLI, J.

Cristian L. appeals from an order terminating his parental rights and finding his son Brian P. likely to be adopted. Cristian contends the order is not supported by substantial evidence. We conclude a parent may challenge the sufficiency of evidence supporting a child's adoptability, despite the parent's failure to raise the argument below. Because substantial evidence does not support the juvenile court's finding of adoptability, we reverse.

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