Los Angeles County Department of Children & Family Services v. Darlene F.

In her second appeal following assertion of jurisdiction over her children, appellant Darlene F. (Mother) appeals the order issued after remand summarily denying her petition for modification under Welfare and Institutions Code section 388. 1 We conclude the court erred in concluding that it lacked authority to consider the section 388 petition or change the custody order which was the subject of the prior appeal. Accordingly, we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

This is the second time this case has been before us. Appellant is the mother of two children: Ryan K., age 10, fathered by Garland K., and Kaitlyn G., age four, fathered by Garrick G. In August 2010, appellant sideswiped Garrick’s car when Kaitlyn was in the backseat of her car. Mother was arrested and the children were detained. 2 Mother had a history of anger management issues, particularly with regard to men with whom she had had a failed romantic relationship. At the jurisdictional hearing, Mother’s counsel conceded there was a factual basis for jurisdiction, because appellant had been “angry and used poor judgment” in following and approaching Garrick’s *594 car with her own, but…