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In re B.M. CA2/3

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In re B.M. CA2/3
By
12:10:2018

[1] Statutory references are to the Welfare and Institutions Code unless otherwise designated.

[1] Consistent with the mandate to liberally construe a section 388 petition in favor of granting a full hearing on the merits, we assume the truth of the petition’s allegations, where not directly contradicted by incontrovertible facts in the record. (In re Marilyn H. (1993) 5 Cal.4th 295, 309-310 [a section 388 petition must be “liberally construed in favor of granting a hearing to consider the [petitioner’s] request” and the petitioner “need only make a prima facie showing to trigger the right to proceed by way of a full hearing”].)

[1] Section 366.3 provides in relevant part: “Following establishment of a legal guardianship, the court may continue jurisdiction over the child as a dependent child of the juvenile court or may terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the legal guardianship, as authorized by Section 366.4. If, however, a relative of the child is appointed the legal guardian of the child and the child has been placed with the relative for at least six months, the court shall, except if the relative guardian objects, or upon a finding of exceptional circumstances, terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship, as authorized by Section 366.4.” (§ 366.3, subd. (a).) Section 366.4, subdivision (a) states that “[a]ny minor . . . for whom a related guardianship has been established pursuant to Section 360 . . . is within the jurisdiction of the juvenile court.” For termination of a relative guardianship, section 360 provides, “Sections 366.4 and 388 shall apply to this order of guardianship.” (§ 360, subd. (a).)





Description Appellant Margaret M. is the maternal grandmother of minors B.M. and S.M. The juvenile court ordered the children into a permanent plan of legal guardianship with the paternal grandparents and terminated dependency jurisdiction. Over a year later, Appellant petitioned the court to modify the legal guardianship order under Welfare and Institutions Code section 388. The juvenile court summarily denied the petition on the ground that it no longer had jurisdiction to rule on the request for modification. Appellant contends this was an error of law. We agree, and reverse.
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