R.F., In re (2023) E079941 E079941; filed 8/21/23. ![[Files/CaseFiles/E079941.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/E079941.PDF) ## Rule excerpts Welfare and Institutions Code section 366.26(n); designated or qualifying prospective adoptive parents. > The court is required to hold a hearing on a removal, upon a timely petition by a participant, including a caretaker who is a designated or qualifying PAP, and the caretaker has a right to present evidence and argument at the hearing. (Wayne F., supra, 145 Cal.App.4th at pp. 1339- 1341.) At the hearing, the agency has the burden of proving by a preponderance of the evidence that the proposed nonemergency removal, or the emergency removal, is in the best interest of the child. (Rules 5.727(g), 5.728(f).) — R.F., In re (2023) E079941, slip op., p. 14.