San Diego County Health & Human Services Agency v. Daniel K.

*68 Opinion

Daniel K. and Shirley K., paternal grandparents and de facto parents (Grandparents) of Shirley K., appeal from the denial of their Welfare and Institutions Code section 388 petition seeking reinstatement of the child’s placement in their home or, alternatively, liberal visitation. (All statutory references are to the Welfare and Institutions Code unless otherwise specified.) They contend the court abused its discretion when it found the San Diego County Health and Human Services Agency (the Agency) acted within its discretion in placing Shirley in a nonrelative adoptive placement and limiting Grandparents’ visitation.

We hold that the court’s findings and orders under section 388, including section 388 petitions filed after the termination of parental rights, are appealable under section 395 and writ procedures under section 366.28 do not apply. In addition, we hold the court’s role in reviewing the Agency’s action for abuse of discretion was not as limited as the trial court concluded. The trial court, in reviewing a child’s placement after parental rights are terminated, must assess the Agency’s posttermination placement within the context of the child’s best…