Los Angeles County Department of Children & Family Services v. Oshia D.

The Los Angeles County Department of Children and Family Services and a minor’s legal guardian appeal from an order granting *1078 the mother’s petition to modify the permanent placement plan and terminate legal guardianship. The primary issue raised in this appeal is whether the mother, as the party bringing the petition, must prove detriment to the minor by clear and convincing evidence before the juvenile court may grant a petition to regain custody and remove the minor from the legal guardian’s home. We hold the parent’s burden of proof is to show by a preponderance of the evidence there is new evidence or change of circumstance which makes a change of placement, including termination of legal guardianship, in the best interests of the minor. Accordingly, we affirm the trial court’s order granting the mother’s petition to modify the permanent plan for legal guardianship and to terminate the legal guardianship without a showing of detriment to the child.

Facts and Proceedings Below

Michael was bom on January 29,1990, several months after his biological father was killed in a car accident.

On August 25,1992, the Los Angeles County Department of Children and Family…