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CALIFORNIA: In re A.C.
07.23.2010 | Child Protection
The Court of Appeal of California, Sixth Appellate District, reversed the trial court’s judgment ordering appellant foster child moved from a foster home to a group home, finding that the trial court erred in allowing the Department of Family and Children’s Services to use a Welfare and Institutions Code §387 petition to request the move. The court held that a §387 petition is not an appropriate means to request to move a child once that child’s parents’ rights have been terminated, as the purpose of §387 is to remove a child from the custody of a parent and place the child in a foster home. Instead, the court noted the Department should have filed a §388 petition to request the move, which is much broader in scope and an appropriate means to petition the court to move a child that has been freed for adoption.
Cite: No. H034769, 2010 Cal. App. LEXIS 1152 (Cal. Ct. App. July 15th, 2010)
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