Tulare County Health & Human Services Agency v. Linda M.

Linda M. is the paternal grandmother and legal guardian of brothers Xavier R. and D.R. (collectively the boys). The boys, who have *1401 serious mental and emotional problems, were declared dependents of the juvenile court based on Linda’s inability to set proper boundaries for them, as well as her failure to provide them with a stable home environment and appropriate care for their emotional problems. At disposition, Linda was given reunification services. Several months later, the Tulare County Health and Human Services Agency, Child Welfare Services (Agency), filed a motion to terminate Linda’s Probate Code guardianship pursuant to Welfare and Institutions Code section 728, 1 as well as a section 388 petition seeking to vest the boys’ medical, dental and mental health rights with the Agency and their educational rights with Court Appointed Special Advocates (CASA), and change Linda’s visitation orders. The juvenile court granted both the motion to terminate the guardianship and the section 388 petition.

On appeal from those orders, Linda challenges only the order terminating her guardianship. She contends the juvenile court did not have the authority to terminate the…