In re J.P.

San Diego County Health & Human Services Agency v. Alejandro G.

Good Law
176 Cal. Rptr. 3d 792·229 Cal. App. 4th 108
Court of Appeal of CaliforniaAugust 26, 2014D065390California6,767 words

Opinion

Opinion

Huffman, J.

J.P., a minor child, appeals an order denying her request for a hearing to suspend visitation with her father and/or terminate his reunification services under Welfare and Institutions Code section 388, subdivisions (a) and (c). Specifically, she contends the juvenile court erred when it ruled that (1) the statutory framework of the dependency system as well as principles of due process required the juvenile court to hold a six-month status review hearing to determine whether reasonable services were offered or provided to the parent before it could consider a request to terminate reunification services under section 388, subdivision (c), and (2) the allegations in the child’s section 388 petition did not state a prima facie case to show that the action or inaction of the parent created a substantial likelihood family reunification would not occur, or that a modification of the prior visitation order was in the child’s best interests.

We conclude that the juvenile court misinterpreted section 388, subdivision (c) when it denied J.P.’s request for a hearing to terminate her father’s reunification services. While section 388, subdivision (c) requires a reasonable services…

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