In Re Heather P.

J.—In this appeal we determine Welfare and Institutions Code section 366.3 precludes presenting evidence to challenge a juvenile court’s custody order at a review hearing after a permanency plan. A petition under section 388 is adequate means to present such a challenge.

I

Factual and Procedural Background

A petition seeking to declare Heather P. (born August 26, 1981) to be a dependent child of the juvenile court under the provisions of section 300(d) was filed on November 22, 1985. The petition alleged Heather’s home was an unfit place for Heather due to her mother’s neglect, in that Heather showed physical symptoms of sexual molestation. The alleged perpetrator of the molestation was the mother’s boyfriend.

At the December 6, 1985, dispositional hearing, Heather was declared a dependent child of the juvenile court and placed with her maternal aunt. At the permanency planning hearing on December 9, 1986, the court made an express finding that returning Heather to her mother would create a substantial risk of detriment to Heather’s physical or emotional well-being and therefore it was unlikely she would be returned within six months. The report prepared by the case…