388 Modification Petn.

Name: In re Ernesto R.
Case #: B255116
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/01/2014
  • Categories: 388 Modification Petn., Dependency (300)

Trial counsel was not ineffective for failing to file a 388 petition prior to termination of parental rights where it was not reasonably likely that the petition would have been granted. Mother appealed an order terminating her parental rights to…

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Name: In re J.P.
Case #: D065390
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/26/2014
  • Categories: 388 Modification Petn., Dependency (300), Reunification services

Juvenile court is not required to hold a six-month review hearing to determine if reasonable services have been provided prior to terminating reunification services. Prior to the six-month review hearing, J.P., the minor, filed a 388 petition requesting a hearing…

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Name: In re G.B.
Case #: A140107
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/09/2014
  • Categories: 366.26 termination hrg., 388 Modification Petn., Dependency (300)

Juvenile court properly denied hearing on 388 petition where minor had been severely abused and there was insufficient evidence that services would be likely to prevent reabuse or would be in the minors' best interest. The minors were originally made…

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Name: In re Jonathan P.
Case #: B249605
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/10/2014
  • Categories: 388 Modification Petn., Dependency (300), Placement Issues

Father had right to reunification services even though the minor had left his placement and was missing at the time of the hearing. Father had previously been granted full custody of the minor, Jonathan, but during a visit by Jonathan…

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Name: In re J.C.
Case #: G049095
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/22/2014
  • Categories: 366.26 termination hrg., 388 Modification Petn., Dependency (300)

The juvenile court properly terminated parental rights where mother could not show benefits to minor of modification of permanent plan. Mother appealed from the denial of her 388 modification petition, contending that she made a sufficient showing to warrant an…

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Name: In re D.B.
Case #: A135254
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/11/2013
  • Categories: 388 Modification Petn., Dependency (300), Visitation

Juvenile court properly terminated visits where children responded negatively to visits from parents. Parents appealed the grant of a 388 petition brought by the Department to terminate their visitation with the minor dependent children. The Department offered evidence that the…

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Name: In re A.M.
Case #: A136436
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/10/2013
  • Categories: 361.5(b) Bypass Reunification, 388 Modification Petn., Dependency (300)

Order granting reunification services is reversed where juvenile court did not make requisite findings under section 361.5, subdivision (c) after infant minor suffered serious injuries inflicted by Mother's boyfriend. The infant minor and his sibling were removed after doctors found…

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Name: In re Marcelo B.
Case #: B238619
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/24/2012
  • Categories: 388 Modification Petn., Dependency (300), Exceptions to Adoption

Parental rights were properly terminated where parents were unable to maintain sobriety. Parents appealed from the order denying their 388 petition and terminating their parental rights to the minor. They contended that the juvenile court abused its discretion when it…

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Name: In re Hunter W.
Case #: B229507
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/30/2011
  • Categories: 388 Modification Petn., Dependency (300)

The juvenile court abused discretion by proceeding with a hearing on a 388 petition in parents' absence. The court granted a hearing on parents' 388 modification petition which was to be heard the same day as the 366.26 hearing. On…

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Name: In re K.C.
Case #: S183320
Court: CA Supreme Court
District CalSup
Opinion Date: 07/21/2011
  • Categories: 366.26 termination hrg., 388 Modification Petn., Dependency (300)

Father did not have standing to appeal order denying placement of minor with grandparents. The Court granted review to determine whether a father who did not challenge the termination of his parental rights has standing to appeal an order entered…

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