B.B.

B.B. v. Superior Court of San Diego County

Bad Law
6 Cal. App. 5th 563·16 Cal. Daily Op. Serv. 13
Court of Appeal of CaliforniaDecember 9, 2016No. D070894California3,250 words

Opinion

lead Opinion

McConnell, J.

In 2013, the juvenile court terminated reunification services for B.B. (Father) and appointed minor H.B.’s maternal aunt as legal guardian. In 2016, the San Diego County Health and Human Services Agency (Agency) filed a new petition under Welfare and Institutions Code 1 section 300 and sought to terminate the guardianship. Father seeks writ review of the juvenile court’s order terminating the guardianship and setting a section 366.26 hearing to determine a new permanent plan for H.B. 2

Father contends the Agency erred when it filed a new section 300 petition instead of a petition under section 388 to terminate the guardianship. 3 He argues this error was prejudicial because it denied him the opportunity to seek *567 reunification services at a 60-day review hearing following termination of the guardianship. We conclude any error was harmless and deny Father’s writ petition.

FACTUAL AND PROCEDURAL BACKGROUND

Eight-year-old H.B.’s parents lost custody and failed to reunify with him in a prior dependency proceeding brought under section 300, subdivision (b), due to their extensive drug use. In 2013, the juvenile court terminated Father’s reunification services and set a…

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