In Re Michael D.
Opinion
Opinion
Robert R. Walmsley, under appointment by the Court of Appeal, for Minor.
OPINION
JOHNSON, J.
The Los Angeles County Department of Children and Family Services and a minor's legal guardian appeal from an order granting the mother's petition to modify the permanent placement plan and terminate legal guardianship. The primary issue raised in this appeal is whether the mother, as the party bringing the petition, must prove detriment to the minor by clear and convincing evidence before the juvenile court may grant a petition to regain custody and remove the minor from the legal guardian's home. We hold the parent's burden of proof is to show by a preponderance of the evidence there is new evidence or change of circumstance which makes a change of placement, including termination of legal guardianship, in the best interests of the minor. Accordingly, we affirm the trial court's order granting the mother's petition to modify the permanent plan for legal guardianship and to terminate the legal guardianship without a showing of detriment to the child.
Michael was born on January 29, 1990, several months after his biological father was killed in a car accident.