AMBER R. v. Superior Court

Does a biological mother whose parental rights have been terminated have standing to file a petition under Welfare and Institutions Code section 388 (all further statutory references are to this code) to seek an order providing for continued contact with the child? The child, now 15-year-old Kayli R., resides in a group home. The court previously terminated the parental rights of Amber R., Kayli’s biological mother. Amber R. filed a section 388 petition in connection with a six-month review hearing as required by section 366.3, subdivision (d) for a child who has not been placed in the home of a guardian. In her petition Amber R. sought to be identified as an individual “important” to Kayli under section 366.3, subdivision (e) and for an order allowing visitation and telephone contact with Kayli. The trial court concluded she lacked standing to file such a petition.

Amber R. filed a petition for a writ of mandate, seeking an order from this court determining she has standing to bring a section 388 petition and to compel the trial court to hear the petition. We issued an order to show cause why the relief should not be granted. Upon consideration of the arguments of the…