In Re Jason E.

Thomas E. Nagle, under appointment by the Court of Appeal, for Minor.

OPINION

KREMER, P.J.

Jennifer E. and Gordon K., the parents of Jason E., appeal an order terminating their parental rights. Gordon also appeals the denial of his Welfare and Institutions Code section 388 [1] petition. On appeal, the parents contend the juvenile court erred in not enforcing an agreement between the parents, caretakers and paternal grandparents for a permanent plan of guardianship. Gordon also contends the court erred in denying his section 388 petition. We affirm.

Jason was born on April 3, 1994. Five days later the department of social services (Department) filed a petition seeking the protection of the juvenile court for Jason because the mother Jennifer used illegal drugs during her pregnancy with the result Jason was born under the influence of drugs. At the time the petition was filed, Jennifer stated one of two men could have been Jason's father. Paternity tests subsequently determined Gordon was Jason's father.

By May 9, 1994, Jason was placed with his paternal aunt and uncle (his foster parents) where he remained throughout the dependency. In June 1994, the juvenile court declared…