Orange County Social Services Agency v. Sara P.

This case illustrates the tension between the procedural due process rights of a party to a dependency proceeding and the power of the juvenile court to control the conduct of a hearing on a modification petition. Because we find due process rights were violated, we reverse the denial of the modification petition and remand for a new hearing. We lament, however, the eight months consumed while this appeal has progressed through this court and remind dependency counsel that traditional writ relief is available to remedy errors that unnecessarily delay a dependent child’s progress toward permanency and stability. (In re Pablo D. (1998) 67 Cal.App.4th 759, 761 [ 79 Cal.Rptr.2d 247 ].)

Mike and Nora K., de facto and former foster parents of Matthew P. and Zohn R., filed two separate appeals from two orders of the juvenile court: (1) an order denying their motion under Welfare and Institutions Code section *845 388 1 seeking to regain placement of the boys with them; and (2) an order selecting long-term foster care as the permanent plan for the boys. The K.’s claim their section 388 motion should have been granted because they demonstrated changed circumstances and placement…