E.L.
San Diego County Health & Human Services Agency v. E.L.
Opinion
lead Opinion
McDonald, J.
*77 Opinion
Minors A.L. and M.L. (together, the minors) appeal a juvenile court order finding the parental rights of their father, E.L., were not reinstated along with the parental rights of their mother, L.L., when, on L.L.’s appeal, this court reversed orders denying LJL.’s Welfare and Institutions Code 1 section 388 petition. We hold the juvenile court erred by finding E.L.’s parental rights were not reinstated. As we shall explain, when this court reversed the order denying L.L.’s petition, it necessarily vacated the subsequent section 366.26 hearing and the orders terminating parental rights of both parents. Accordingly, we reverse the order.
FACTUAL AND PROCEDURAL BACKGROUND
On April 7, 2007, the San Diego County Health and Human Services Agency (the Agency) petitioned on behalf of three-month-old M.L. under section 300, subdivision (e), and on behalf of one-year-old A.L. under section 300, subdivision (j), alleging M.L. had suffered severe physical abuse, including a spiral fracture of her femur and fractures of her clavicle and ribs, inflicted by her parents. Doctors concluded the injuries were the result of nonaccidental trauma. Each parent denied abusing M.L. The…