Los Angeles County Department of Children & Family Services v. Diana S.

These two consolidated cases address hearings conducted on May 25, 2001, and August 2, 2001, and denial of a Welfare and Institutions Code section 388 petition. 1 Case No. B151283, addresses the hearing of May 25 and denial of the section 388 petition. Case No. B152068 addresses the hearing of August 2, 2001. The juvenile court denied a request by appellant, Diana S., to contest continued long-term placement of her son, Josiah S., at the six-month status review hearing of May 25, conducted pursuant to section 366.3. Diana S. had also raised the issue of visitation with her son but the matter was continued, ultimately until the hearing of August 2, 2001, when the court again denied appellant a contested hearing. On May 31, 2001, the juvenile court summarily denied the section 388 petition filed by Diana S.

Section 366.3, subdivision (e), provides that a parent whose parental rights have not been terminated has the right to contest the issue of continued care. It follows that the juvenile court erred in denying petitioner’s request for a contested hearing on May 25. Because the issue of visitation addressed at the August 2 hearing was to have originally been heard in…