In re Alayah J.

Mother challenged the juvenile court's order terminating parental rights over her three children. The court agreed with mother that the juvenile court erred by initially granting her a hearing on her Welfare and Institutions Code section 388 petition seeking unmonitored visits and an assessment of her home for overnight visits and placement of the children, and then subsequently denying her such a hearing, and by terminating her parental rights before considering her section 388 petition. The court concluded, however, that no miscarriage of justice occurred as a result of that error. In this case, mother had tested positive for marijuana, there was no evidence that mother participated in any drug rehabilitation program or in individual counseling, and she never progressed to unmonitored visits with the children. The court did not find it reasonably probable that mother's parental rights would not have been terminated had the juvenile court not denied her a hearing on her section 388 petition. Accordingly, the court affirmed the judgment. View "In re Alayah J." on Justia Law