Ansley

This original proceeding in mandate was commenced by the natural father of a dependent child of the juvenile court (Welf. & Inst. Code, § 300 et seq.) seeking to compel that court to hear the merits of his section 388 petition. His petition contended that lack of due process notice to him of the dependency proceeding was a defect in jurisdiction requiring setting aside the dependency judgment.

The question presented is whether a parent claiming lack of due process notice of a juvenile dependency petition can challenge the resulting dependency judgment by filing a petition pursuant to section 388 in the same dependency proceedings.

For the reasons discussed herein, we conclude that section 388 provides a parent the right to such a challenge.

The material facts are simple and not in dispute.

On August 22, 1983, real party, Los Angeles County Department of Children’s Services (Department), filed a petition pursuant to section 300 to declare petitioner’s minor child, born December 31, 1981, a dependent of the court (the section 300 petition). The section 300 petition proceeded under case No. J 945696.

The section 300 petition alleged neglect of the child by the natural…