In Re Josiah S.

The juvenile court denied a request by appellant, Diana S., to contest continued long-term placement of her son, Josiah S., at a six-month status review hearing conducted pursuant to Welfare and Institutions Code section 366.3, subdivision (e). [1] Shortly afterward, it summarily denied her section 388 petition which proffered similar issues. Section 366.3, subdivision (e), provides that a parent whose parental rights have not been terminated has the right to contest the issue of continued care. It follows that the juvenile court erred in denying appellant's request for a contested hearing. We reverse the order denying a contested hearing and remand with directions that the juvenile court provide appellant the contested hearing she sought. Because appellant's section 388 petition addressed similar issues, we conclude the order summarily denying that petition should also be set aside.

This is the fourth time we revisit this difficult case to address the merits of orders made by the juvenile court. To aid in understanding of this matter, we review the four prior matters.

In the first appeal, we discussed the background giving rise to this case. Josiah S., born…