NICKOLAS F. v. Superior Court

INTRODUCTION

Nickolas F. seeks writ review of juvenile court orders made at the 12-month review hearing terminating family reunification services and setting a hearing pursuant to Welfare and Institutions Code section 366.26. Nickolas contends that the juvenile court erred when it granted petitions for modification, filed pursuant to section 388, to deny him family reunification services. He maintains that under section 385, the juvenile court does not have the discretion to modify its previous orders unless the court first determines either that there has been a change of circumstances, or that new evidence justifies the modification, as required under section 388. Nickolas further contends that he did not receive reasonable reunification services as the court initially ordered, and that the court’s modification of the disposition order substantially impaired his rights.

We conclude that the juvenile court has the statutory authority, pursuant to section 385, to change, modify, or set aside “[a]ny order made by the court in the case of any person subject to its jurisdiction” sua sponte, after providing the parties with notice and the opportunity to be heard. (Le…