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Name: In re K.L.
Case #: A145970
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 06/13/2016
Summary

Order denying Welfare and Institutions Code section 388 petition without a hearing was affirmed where mother failed to make a prima facie showing that moving the minors from multiple placements to a single placement was in their best interests. Following termination of her parental rights, mother challenged the order denying her section 388 petition without holding an evidentiary hearing. In the section 388 petition, mother had asked the court to change the children’s separate placements and place them all together with grandmother. The petition stated that grandmother had acquired a home that was large enough to house all three children. The Agency opposed the petition, contending that the minors were all doing well in their separate placements. The juvenile court denied the petition because it did not present sufficient information to warrant holding an evidentiary hearing, and because the requested change was not in the best interest of the minors. The appellate court rejected mother’s argument and affirmed. Mother’s 388 petitions were unsupported by evidence and did not state a prima facie case that required the juvenile court to hold a hearing. Even if grandmother’s acquisition of a house constituted a change in circumstances, mother did not make a prima facie showing that removing the children from their placements and moving them was in their best interests. Mother’s categorical assertion that the children would be better off in one home did not constitute a prima facie showing such that the court needed to hold an evidentiary hearing. The minors were all receiving individualized attention in their respective placements and those placements were in their best interests in light of the circumstances of the case.