In re Priscilla D.
Annotate this CaseThe Fresno County Department of Social Services took custody of Cindy’s children, ages 14, 9, and 2, in 2010, after Cindy was arrested for being under the influence of PCP and for child endangerment. She had been using PCP for 30 years. The juvenile court denied Cindy reunification services and the department placed the children in the home of their maternal uncle, Frank. The court found it would be detrimental to the children to terminate Cindy’s parental rights, ordered them into permanent kinship guardianship with Frank, and terminated its dependency jurisdiction. In 2013 Cindy sought to modify the order under Welfare and Institutions Code 3881. She stated that she completed substance abuse treatment and parenting classes, maintained sobriety for three years and attended Alcoholics/Narcotics Anonymous meetings. She had liberal visitation with the children. The children expressed desire to return to Cindy and her home was found to be suitable. The juvenile court ruled that section 388 did not authorize termination of the guardianship. The court of appeal reversed. Although kinship guardianship is a permanent plan and there is no need for ongoing court and social services supervision, the juvenile court maintains jurisdiction over the child and can vacate its order, sections 366.3(a) & (b); 366.4.
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