Los Angeles County Department of Children & Family Services v. Niema B.

Good Law
2017 Cal. App. LEXIS 196·215 Cal. Rptr. 3d 140·9 Cal. App. 5th 469
Court of Appeal of CaliforniaMarch 8, 2017No. B275728California4,263 words

Opinion

lead Opinion

Chavez, J.

*472 Opinion

—Appellant Niema B. (mother) appeals from the juvenile court’s order terminating parental rights over her children Alayah J. (born Sept. 2010), Curley B. (born Oct. 2012), and Christopher B. (born Dec. 2014). Mother contends the order must be reversed because the juvenile court erred by initially granting her a hearing on her Welfare and Institutions Code section 388 1 petition seeking unmonitored visits and an assessment of her home for overnight visits and placement of the children, and then subsequently denying her such a hearing, and by terminating her parental rights before considering her section 388 petition.

We agree that the juvenile court erred by terminating mother’s parental rights without first considering her section 388 petition. We conclude that no miscarriage of justice occurred, however, as a result of that error and therefore affirm the order terminating mother’s parental rights.

BACKGROUND

Detention and section 300 petition as to Alayah J. and Curley B.

In March 2013, the Los Angeles County Department of Children and Family Services (the Department) received a referral alleging that Alayah J. and Curley B. were victims of general neglect and…

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