Department of Social Services v. Laura C.

*617 Opinion

— Appellant Laura C. appeals a juvenile court order establishing a legal guardianship for her daughter Nina P. Although she raises other issues, appellant’s chief contention is that the court erred in changing the permanent plan from long-term foster care to guardianship without the filing of a petition for modification pursuant to Welfare and Institutions Code section 388.

As we shall explain, we have determined that the department of social services (DSS), the parents and any other interested parties must file a petition under section 388 to seek modification of an existing order; however, we ultimately conclude the error in this case was harmless and thus does not require reversal. Finding the remaining contentions unpersuasive, we shall affirm the judgment.

Statement of the Case and Facts

The minor, Nina P., was born on December 11, 1983, to appellant and Patrick W. Nina lived with her mother; when her mother married Matt C., he moved in with them. On December 4, 1990, a petition was filed pursuant to section 300, subdivision (a), alleging Nina was in need of protection. Specifically, the petition alleged that Nina’s stepfather had picked her up to his eye…

— I concur in the result reached in the majority opinion. However, I write separately to express my strong disagreement with the majority’s holding that the change from long-term foster care to legal guardianship could only be accomplished by means of a verified petition for modification under Welfare and Institutions Code section 388. 1 The fundamental flaw in the majority’s analysis is that it fails to discuss the statutory framework governing periodic review of long-term foster care placements.

On January 9, the juvenile court held the section 366.26 selection and implementation hearing in this case. 2 At that hearing, the juvenile court ordered “a permanent plan of long term foster care.” The statutory authorization for this permanent plan is found in section 366.26, subdivision (b)(4), which authorizes a court to “[ojrder that the minor be placed in long-term foster care, subject to the regular review of the juvenile court” (Italics added.) This periodic review is, in turn, governed by two statutes (§ 366.3, subd. (c), and § 16503) and by a rule of court (rule 1465(b)). 3 (§ 366, subd.

*625 Like many other statutory provisions in dependency law, these provisions appear…