In Re Zachary G.

Christopher Blake, San Diego, under appointment by the Court of Appeal, for the Minor.

McDONALD, J.

Gala G. (Mother) filed a petition pursuant to Welfare and Institutions Code section 388 [1] (hereafter the section 388 petition), alleging changed circumstances and seeking to modify the order terminating reunification services for her child Zachary G. (Zachary). The court denied a hearing on the section 388 petition and thereafter terminated Mother's parental rights at the section 366.26 hearing (the .26 hearing). Mother contends both rulings were erroneous.

Prior to Zachary's birth Mother had two children, including Austin, who had been declared dependents of the Juvenile Court. Austin was declared a dependent in 1995 because of severe physical abuse by Austin's father, David L. (Father), and domestic violence between Mother and Father. Austin lived with his maternal grandparents, who planned to adopt him.

Zachary was born November 7, 1997, and taken into protective custody. The court declared Zachary a dependent because it found true the petition's allegations that a sibling (Austin) suffered severe physical abuse by Father, there was a substantial risk Zachary would suffer…