In re Ashley S.

*720Concurring opinion by

BELL, C.J.

We granted certiorari in this case to consider the following: “(1) Where the Appellate Court held the removal of children from their mother’s care to have been an abuse of judicial discretion, may the juvenile court in a subsequent hearing consider those months that the children spent in foster care as being an “out-of-home placement” for the purposes of determining the permanency plan for the children, pursuant to Md.Code Ann., C JP § 3-828? [1]

“(2) Did the juvenile court err in ordering a plan of adoption for the children, where they were aged 13 and 4% years…