Avila v. Citrus Community College Dist.

By In the Supreme Court of California

Release Date: 2006-04-06
Genre: Law

Description

Stephen L. and Alice L. (the L.s), the dependent minors de facto parents, appeal orders denying their post-termination Welfare and Institutions Code section 388 petitions seeking return of the minors to their care. They contend the juvenile court abused its discretion by not granting a hearing, as they made a prima facie showing of changed circumstances and that the modification would be in the childrens best interests. The San Diego County Health and Human Services Agency (the Agency) asserts we should dismiss the appeal as under section 366.28 the L.s were required to proceed by way of a petition for writ relief. In accordance with our opinion in In re Shirley K. (2006) 140 Cal.App.4th 65 (Shirley K.), we hold the courts ruling is appealable under section 395 and section 366.28 is inapplicable. On the merits, we find no abuse of discretion and affirm the orders.

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