CHRISTINA K. v. Superior Court

We review a foster parent’s right to standing to participate as a party in a Welfare and Institutions Code section 366 status review hearing. We conclude although a foster parent has no absolute right to standing the court here abused its discretion in refusing this petitioner’s request.

Crystal H. was born on July 21, 1984, and was taken into protective custody in May of 1985. Two months later, in July, her sister Cecelia H. was born and also placed in protective custody. In September both came to live in the petitioner foster mother’s home. That same month section 300, subdivision (a) petitions were sustained. Custody remained with Christina K., the foster mother.

Subsequently, Christina K. received notice of a section 366.2 review hearing and filed a report as permitted by section 366.2, subdivision (d). Christina K., represented by counsel, also appeared at the hearing on March 25, 1986, seeking an ex parte order giving her standing to participate in the proceeding. The juvenile court, commenting it “would not be appropriate,” denied her request. Christina K. now seeks a writ of mandate commanding the juvenile court to grant her standing in these dependency matters…