In re E.C. CA4/1
Opinion
Opinion
INTRODUCTION
Mother appeals from a judgment denying her petition for modification under
Welfare and Institutions Code section 388, subdivision (a)(1).1 She contends the court
abused its discretion by summarily denying the petition and not providing her with an
evidentiary hearing. We disagree and affirm the judgment.
BACKGROUND
In August 2013 the San Diego County Health and Human Services Agency
(Agency) filed a petition on behalf of then two-year-old minor. The petition alleged
mother left the child inadequately attended. The petition also alleged mother had been
arrested for being under the influence of narcotics and for child cruelty, rendering her
unable to provide regular care.
According to the detention report, sheriff's deputies searched the family home and
found drugs and drug paraphernalia within minor's reach. In addition, minor had
scratches and bruises on his body, mother had track marks on her arms, and maternal
aunt, who lived in the home, had recently been arrested for possession of heroin and
Further statutory references are also to the Welfare and Institutions Code unless otherwise stated.