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IN RE R. R.

No. D043317.

9 Cal.Rptr.3d 188 (2004)

In re R. R., a Minor, on Habeas Corpus.

Court of Appeals of California, Fourth District, Division One.

Review Denied March 30, 2004.

Attorney(s) appearing for the Case

Appellate Defenders, Inc. and Robert Wayne Gehring, under appointment by the Court of Appeal, Fallbrook, for Petitioner R. R.

Appellate Defenders, Inc. and Donna Kaiser, under appointment by the Court of Appeal, for Petitioner Alisha R.

No appearance for Respondent.

John J. Sansone, County Counsel, Susan Strom, Chief Deputy County Counsel, and Debra K. Barriger, Deputy County Counsel, for Real Party in Interest San Diego County Health and Human Services Agency.

McCONNELL, P.J.

R. R., a dependent of the juvenile court, seeks a writ of habeas corpus, contending the court failed to terminate the parental rights of his conclusively presumed father James R. before ordering adoption as R.'s permanent plan. We conclude the selection of adoption as R.'s permanent plan cannot be implemented without terminating James's parental rights. Accordingly, we grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

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