In re M.E. CA4/2
C.E. (mother) appeals from the denial of her Welfare and Institutions Code section 388 petition requesting the juvenile court modify its order bypassing reunification services as to her daughter, M.E, under section 361.5, subdivision (b)(3) (section 361.5(b)(3)). To change or set aside a prior order under section 388, a parent must satisfy two elements: (1) there must be new evidence or a change of circumstance and (2) the modification he or she is requesting must be in the best interest of the child. At the hearing on her petition, mother argued the new evidence or change in circumstances to warrant modification was the fact her trial counsel had rendered ineffective assistance by failing to argue section 361.5(b)(3) was inapplicable as a matter of law. The court found mother failed to satisfy both elements of section 388 and denied the petition.
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