G.F.
San Diego County Health & Human Services Agency v. G.F.
Opinion
Lead Opinion
Rourke, J.
G.F. contends the juvenile court abused its discretion and violated her due process rights when it denied her request for a contested postpermanency review hearing under Welfare and Institutions Code section 366.3. 1 We reverse the order.
Section 366.3, subdivision (f), states the parent of a child in long-term foster care is entitled “to participate in” a postpermanency review hearing. *327 Here, at a 12-month permanency review, the parent of a child in long-term foster care disputed the social service agency’s evidence and recommendations and requested a contested hearing. The juvenile court conditioned the right to a contested hearing on an offer of proof, which the parent provided and the court found insufficient. The court then adopted the agency’s report as the findings and orders of the court.
The Courts of Appeal are divided as to whether the right to a contested hearing at a postpermanency review may be conditioned on an offer of proof. (Maricela C. v. Superior Court (1998) 66 Cal.App.4th 1138 [ 78 Cal.Rptr.2d 488 ] (Maricela C.) [court may require offer of proof]; In re Kelly D. (2000) 82 Cal.App.4th 433 [ 98 Cal.Rptr.2d 188 ] (Kelly D.) [right to participate…