In re H.W. CA4/1

INTRODUCTION

E.C. (Grandmother), appeals an order denying her petition under

Welfare and Institutions Code1 section 388 for placement of minor H.W. with her rather than with foster caregivers. Grandmother contends the San Diego County Health and Human Services Agency (Agency) violated the separation of powers doctrine and her constitutional rights in denying her application for approval under the Resource Family Approval (RFA) Program (§ 16519.5, et seq.). She also contends the juvenile court erred as a matter of law in denying her section 388 petition by relying on the Agency’s denial of her RFA and failing to independently review her request under section 361.3 for

relative placement preference.2 Mother appeals the court’s order terminating her parental rights and asserts the court abused its discretion in declining to apply the beneficial mother-child exception to adoption. Father joins Mother’s arguments on this issue, but does not challenge the termination of his own parental rights. The Agency contends the juvenile court lacked jurisdiction to consider Grandmother’s section 388 petition requesting placement of H.W. since her

Undesignated statutory references are to…