In Re Kimberly F.

Like many juvenile dependency cases, this is a hard one. Doris F. lost custody of her two youngest children when, while caring for a nearly adult son with AIDS, social workers found her home to be dirty and unsanitary. By the time of the 18-month review, she was making progress, but not enough, so reunification services were terminated. But in the time between the 18-month review and the scheduled permanency planning hearing, she managed to show that she could keep her home in a sanitary condition. The home was clean and safe. Moreover, the close emotional ties between her and her children remained intact. She brought a modification request under section 388 of the Welfare and Institutions Code seeking return of the children, but that request was denied, precipitating this appeal.

It is rare that the denial of a section 388 motion merits reversal as an abuse of discretion, but this is such a case. As explained below, the reason for the dependency was not as serious as other, more typical reasons for dependency jurisdiction, such as sexual abuse, physical abuse or illegal drug use—and the removal of that reason constituted a genuine change of circumstances. Moreover, the…