In re J.P. CA/41

J.P. appealed an order denying her request for a hearing to suspend visitation with her father and/or terminate his reunification services under Welfare and Institutions Code section 388, subdivisions (a) and (c). Specifically, she argued the juvenile court erred when it ruled that: (1) the statutory framework of the dependency system as well as principles of due process required the juvenile court to hold a six-month status review hearing to determine whether reasonable services were offered or provided to the parent before it could consider a request to terminate reunification services under section 388, subdivision (c); and (2) the allegations in the child's section 388 petition did not state a prima facie case to show that the action or inaction of the parent created a substantial likelihood family reunification would not occur, or that a modification of the prior visitation order was in the child's best interests. After review, the Court of Appeal concluded that the juvenile court misinterpreted section 388, subdivision (c) when it denied J.P.'s request for a hearing to terminate her father's reunification services: "section 388 (c) requires a reasonable services finding, the juvenile court is not required to hold a six-month review hearing to determine whether reasonable services have been offered or provided to a parent before it holds a hearing on a petition to terminate reunification services." In addition, the juvenile court erred when it found that J.P.'s petition to terminate her father's reunification services and/or suspend visitation did not state a prima facie case. The Court nevertheless concluded reversal was not necessary to avoid a miscarriage of justice. In view of the lack of any challenge on appeal to the juvenile court's findings at the six-month review hearing that visitation was not detrimental to the child, and the father was making progress with his case plan and it was likely that reunification would occur by the next review hearing, any error in not granting a hearing on the section 388 petition was harmless. Accordingly, the Court affirmed. View "In re J.P. CA/41" on Justia Law