In re E.N. CA2/5

DISCUSSION

A. Father’s Section 388 Petitions

Father contends the court’s September 14, 2023 summary denial of his section 388 petitions without an evidentiary hearing was an abuse of discretion. We disagree. On receipt of a section 388 petition, the court may either summarily deny the petition or order a hearing. (In re Lesly G. (2008) 162 Cal.App.4th 904, 912.) The court may summarily deny the petition unless the petitioner makes a prima facie showing in his or her favor. (Ibid.; see also In re Marilyn H. (1993) 5 Cal.4th 295, 310.) We review the summary denial of a section 388 petition for abuse of discretion. (In re G.B. (2014) 227 Cal.App.4th 1147, 1158.) A petition to change or modify a juvenile court order under section 388 must factually allege that: (1) there are changed circumstances or new evidence to justify the requested order, and (2) the requested order would serve the minors’ best interests. (In re G.B., supra, 227 Cal.App.4th at p. 1157; Cal. Rules of Court, rule 5.570(d)(1) & (2).) “ ‘A prima facie case is made if the allegations demonstrate that these two elements are supported by probable cause. [Citations.] It is not made, however, if the allegations would…