Florence H. v. Contra Costa County Department of Social Services

Florence H., the natural mother of Ronald V., appeals from an order denying her request for a modification because of *1805 changed circumstances (Welf. & Inst. Code, § 3 88) 1 of an order terminating her parental rights which issued at the conclusion of a permanency planning hearing (§ 366.26).

The issue before us is a very simple one. May a parent whose rights have been terminated subsequently seek to attack that order by filing a motion in the juvenile court under section 388 to modify the order based upon changed circumstances? We conclude that the juvenile court is without jurisdiction to hear such a motion.

The factual circumstances of this case are briefly these. Ronald V. who was born September 22, 1983, was apparently the victim of sexual abuse committed by a boyfriend of his mother. By a petition filed in December 1988 the county sought to make him a dependent of the court. Reunification services with the parents were terminated at the 12-month review hearing.

In February 1990 Ronald was placed in the foster home of Richard Smith, a man in his early 60’s who was a former boyfriend of Florence H., and who had continued to express an interest in, and maintain…