388 Modification Petn.

Name: In re D.P.
Case #: D081396
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/28/2023
Subsequent History: Ordered published 6/30/2023
  • Categories: 388 Modification Petn., Dependency (300), Placement Issues, Sibling Issues

(ordered published 6/30/2023) The juvenile court did not abuse its discretion in denying placement of the minor with the adoptive parents of minor’s siblings. The minor was removed from parents at birth and placed with Defacto Parents. Shortly after reunification…

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Name: In re Damari Y.
Case #: A166037
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/12/2023
  • Categories: 388 Modification Petn., Dependency (300)

Justice requires, in unusual circumstances that cast doubt on juvenile court’s findings, that an evidentiary hearing be granted on a section 388 petition. The minor was removed from Mother when he tested positive for amphetamines at birth. Father was incarcerated…

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Name: In re N.F.
Case #: E076330
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/20/2021
  • Categories: 388 Modification Petn., Dependency (300)

Mother's completion of a 90-day drug treatment program did not demonstrate a material change of circumstances necessary to grant a Welfare and Institutions Code section 388 petition. The minor N.F. was removed after she and Mother tested positive for methamphetamine…

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Name: In re Samuel A.
Case #: B302700
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 09/24/2020
  • Categories: 388 Modification Petn., Dependency (300)

The juvenile court erred when it summarily denied mother's 388 petition based on subsequent evidence. The 3-year-old minor was found to be a dependent of the juvenile court based on mother's alcohol abuse and mental instability. Prior to the six-month…

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Name: In re S.P.
Case #: B302804
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/31/2020
  • Categories: 388 Modification Petn., Constitutional Challenges, Dependency (300), Notice

Termination of parental rights was affirmed where failure to notice father for jurisdiction and disposition hearings was harmless error. Father was arrested for possession of controlled substances. A month later, a removal order was issued for the infant minor. Notice…

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Name: In re I.B.
Case #: G058814
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/07/2020
  • Categories: 388 Modification Petn., Dependency (300)

The juvenile court did not err when it returned three-year-old minor to mother's custody following her 388 petition. The trial court granted mother's Welfare and Institutions Code section 388 petition to return her three-year-old son, I.B., to her custody. The…

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Name: In re J.M., J.R.
Case #: B298473
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 06/17/2020
  • Categories: 388 Modification Petn., Dependency (300)

Where mother had addressed all of the court's concerns when it terminated services, the court abused its discretion when it denied her 388 petition to place the minor with her. Following termination of her services, mother addressed the domestic violence…

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Name: In re K.T.
Case #: E072082
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/12/2019
  • Categories: 388 Modification Petn., Dependency (300), Placement Issues, Standing

The distant relatives of a dependent child had standing to appeal trial court's order under section 387; also, they had standing to appeal the denial of their section 388 petition. The minor was placed with relatives, the B's, when he…

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Name: In re J.F. et al
Case #: E072301
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/26/2009
  • Categories: 366.26 termination hrg., 388 Modification Petn., Appealable Orders, Dependency (300)

Where father's notice of appeal explicitly stated it was from the 366.26 hearing, the appellate court could not liberally construe it to review an earlier order denying father's 388 petition. Father's 388 petition was denied on January, 22, 2019. Father's…

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Name: M.L. v. Superior Court
Case #: A156130
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/03/2019
  • Categories: 388 Modification Petn., Dependency (300)

Although a section 388 petition was not the most appropriate means to modify a disposition order, it was within the court's discretion to grant the petition and remove the minors. Dependency proceedings were initiated in 2014 involving the minors, who…

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