In Re Antonio G.

Andrea St. Julian, under appointment by the Court of Appeal, San Diego, for Minors.

NARES, Acting P.J.

Sheena G., the maternal grandmother of Antonio G. and Shakira G., appeals orders denying her request to have the children placed with her. Sheena contends the San Diego County Health and Human Services Agency (Agency) violated her rights under Welfare and Institutions Code [1] section 361.3 by not evaluating her as a placement option, and the juvenile court erred because it did not apply the relative preference placement criteria under the statute. Sheena also contends she met the statutory requirements of section 388 and, therefore, the court erred by denying her section 388 petition. Nina G., the children's mother, also appeals and joins Sheena's argument. (Cal. Rules of Court, rule 8.200.)

In May 2005 the Agency took Antonio, then seven years old, and Shakira, then three years old, into protective custody because they were exposed to domestic violence between Nina and her boyfriend Elijah. Elijah also had molested the children's 13-year-old sibling; when Nina learned of the molestation, she slapped the older sibling. Agency filed dependency petitions on behalf of Antonio…