In re Alex P.
Minor was born in January 2006, when Mother was 40 years old, at a medical center in San Bernardino. Mother had prenatal medical care.
At the time of Minor's birth, he and Mother tested positive for opiates. However, Mother denied to medical center staff that she used alcohol or drugs. She admitted smoking one pack of cigarettes a day, even though her doctor had counseled her against the use of tobacco during her pregnancy.
In view of the safeguards already incorporated into section 388, no "additional or substitute procedural safeguards" are required to insure against the risk of an erroneous deprivation, and the burden on the juvenile courts if every section 388 petition had to be determined at an evidentiary hearing would be considerable. Requiring a preliminary prima facie showing of some evidence that the proposed change would be in the child's best interests is a reasonable condition on the right to a hearing under these circumstances.
The order and judgment appealed from are affirmed.
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