In Re Cynthia C.
Opinion
Opinion
Sonenshine, J.
Sharon C., the minor's paternal aunt and de facto parent, appeals from the juvenile court's order of December 13, 1996, denying her petition for modification under Welfare and Institutions Code section 388 1 She contends Orange County Social Services Agency (SSA) improperly removed then five-year-old Cynthia C. from her home without due process of law. She further challenges the court's denial of her requests for an ordered placement and a bonding study.
We partially publish our opinion because we decide an issue of first impression — whether, when there has been no ordered placement with a specific caretaker, section 387 requires SSA, before removing the child, to file a supplemental petition, give notice of a hearing and prove the existence of conditions which constitute a substantial risk of harm to the child. As we will explain, the answer is, "No." When a general placement order vests SSA with the minor's custody and the discretion to select suitable placement, the agency may, without further court order, react to changed circumstances by removing the child from an environment it deems no longer suitable and selecting another placement. We expressly do not decide issues…