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Name: In re A.H. (2023) 91 Cal.App.5th 741
Case #: A166532
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 05/16/2023
Summary

Nonrelated Extended Family Member (NREFM) lacked standing to challenge the denial of a 388 petition requesting placement. The minor was removed from mother as a newborn. A NREFM requested placement of the minor, which was denied. The NREFM then filed a section 388 petition requesting that the dispositional order be changed to place the minor with the NREFM. This request was summarily denied by the juvenile court. The NREFM filed a notice of appeal and the Court of Appeal dismissed the appeal. A NREFM is not a relative, as defined by section 361.3, subdivision (c)(2), and thus has no legally cognizable interest in the placement of the minor. While a relative may have standing to appeal from the denial of a section 388 petition that seeks to modify placement, a NREFM does not have placement preference and no legally protected separate interest in their relationship to a dependent child. Hence, a NREFM lacks standing to challenge the juvenile court’s placement decision.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/A166532.PDF