San Diego County Health & Human Services Agency v. Mary C.

Stephen L. and Alice L. (the L.’s), the dependent minors’ de facto parents, appeal orders denying their posttermination Welfare and Institutions Code 1 section 388 petitions seeking return of the minors to their care. They contend the juvenile court abused its discretion by not granting a hearing, as they made a prima facie showing of changed circumstances and that the modification would be in the children’s best interests. The San Diego County Health and Human Services Agency (the Agency) asserts we should dismiss the appeal as under section 366.28 the L.’s were required to proceed by way of a petition for writ relief. In accordance with our opinion in In re Shirley K. (2006) 140 Cal.App.4th 65 [ 43 Cal.Rptr.3d 897 ] (Shirley K.), we hold the court’s ruling is appealable under section 395 and section 366.28 is inapplicable. On the merits, we find no abuse of discretion and affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2002 the Agency filed petitions on behalf of Mary C.’s children, Daniel C., S.C., Sadie C. and Patrick W, Jr., who then ranged in age from approximately four and one-half years to seven months. The petitions alleged Mary requested that…