In re Grace P. CA2/3
Father, Marco P., appeals from an order summarily denying his petition to modify prior dependency orders pursuant to Welfare and Institutions Code section 388, and a subsequent order terminating his parental rights under section 366.26. He contends his section 388 petition presented a prima facie showing of the elements necessary to warrant modification, and the juvenile court abused its discretion by denying the petition without an evidentiary hearing on the merits. And he argues the ruling on the section 388 petition “infected” the subsequent section 366.26 proceeding, such that the order terminating his parental rights also must be reversed. We conclude the court’s ruling on the section 388 petition was supported by the record and within the legal standards authorizing summary denial of a section 388 petition. Accordingly, we affirm both orders.
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