388 Modification Petn.

Name: In re Cody R.
Case #: D073527
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/17/2018
  • Categories: 361.5(b) Bypass Reunification, 366.26 termination hrg., 388 Modification Petn., Appealable Orders, Dependency (300), Duties/Competence of Counsel, Placement Issues, Procedural Issues, Standing, Writ versus Appeal

Parent had no standing to challenge the social worker's actions under the relative placement statutes where there was no showing that she could have reunified. The child was removed from parental custody after he was found severely malnourished to the…

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Name: In re J.P.
Case #: B281438
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/26/2017
  • Categories: 388 Modification Petn., Constitutional Challenges, Dependency (300), Rights of Parents

Reversal was required where the court failed to appoint counsel for mother before a hearing on her 388 petition. The minor resided in a group home after his legal guardianship was terminated. At the hearing to remove the minor from…

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Name: In re Isabella M.
Case #: B277142
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/13/2017
  • Categories: 388 Modification Petn., Constitutional Challenges, Dependency (300), Paternity/Parentage

Where father did not seek to change his paternity status until just before permanent plan for 20-month-old minor, it was not in the minor's best interest to grant father's 388 petition and relitigate the dependency proceedings. The minor was removed…

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Name: In re Alayah J.
Case #: B275728
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 03/08/2017
  • Categories: 366.26 termination hrg., 388 Modification Petn., Dependency (300)

Juvenile court erred when it conditioned mother's 388 hearing upon non-termination of parental rights, but the error was harmless. Prior to the 366.26 hearing, mother filed a section 388 petition requesting unmonitored visits and placement. The juvenile court granted her…

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Name: B.B. v. Superior Court
Case #: D070894
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/09/2016
  • Categories: 388 Modification Petn., Dependency (300), Reunification services

Following termination of guardianship, the court should have proceeded under section 388, but the error was harmless. In 2013, father's reunification services were terminated and the minor was appointed a legal guardian. In 2016, the Agency filed a new petition…

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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
  • Categories: 388 Modification Petn., Dependency (300)

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…

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Name: In re Liam L.
Case #: D067729
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/30/2015
  • Categories: 388 Modification Petn., Dependency (300), Placement Issues

Father's failure to file a 388 petition requesting placement of the minors under section 361.2 was harmless, and the juvenile court properly found no evidence of detriment before placing the minors with him. The minors were placed with the previously…

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Name: In re F.A.
Case #: G051494
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/13/2015
  • Categories: 388 Modification Petn., Dependency (300), Removal Orders

The juvenile court did not err by granting second foster parents 388 petition even though minor was erroneously removed from first foster parents. When the minor was born exposed to methamphetamine, the court placed her with the S. foster parents,…

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Name: In re Priscilla D.
Case #: F069317
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/04/2015
  • Categories: 388 Modification Petn., Dependency (300)

Legal guardianship can be terminated upon motion of a parent under Welfare and Institutions Code section 388. The juvenile court ordered the three minors into a guardianship with relatives and terminated jurisdiction following a dependency proceeding. Two years later, mother…

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Name: In re L.S.
Case #: C075626
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/24/2014
  • Categories: 361.5(b) Bypass Reunification, 388 Modification Petn., Dependency (300), ICWA

The juvenile court abused its discretion by applying clear and convincing evidence standard of proof in order to modify prior order bypassing services. Following removal of the minors, the juvenile court bypassed services to the parents based on their prior…

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