Los Angeles County Department of Children & Family Services v. Michelle P.
Opinion
lead Opinion
Woods, J.
Michelle R, the mother of twins Jacob and Jeremy, appeals from the order finding it was not in Jacob’s best interest to be returned to appellant’s custody. After appellant’s reunification services had been terminated and a permanent plan of guardianship had been ordered for the twins, appellant filed a Welfare and Institutions section 1 388 petition requesting termination of the guardianship and return of the twins to her custody and additional reunification services. The juvenile court granted the petition in part and ordered the Los Angeles County Department of Children and Family Services (Department) to provide the services. After Michelle completed the services, the court returned Jeremy to appellant’s custody. However, Jacob requested a contested hearing at which the court applied the best interest test and found it was not in Jacob’s best interest to terminate his guardianship. Michelle contends the court applied the wrong test as it should have used the prepermanent plan presumption of return of sections 366.21 and 366.22, not the best interest test of section 388. We affirm.