In re Erika S.
In April 2006 the San Diego County Health and Human Services Agency (Agency) filed a petition in the juvenile court under section 300, subdivision (b) on behalf of Erika. The petition alleged that Erika was at risk of suffering serious physical harm because her mother, Claudia M., and Claudia's boyfriend, exposed Erika to domestic violence and drugs in the home. The court detained Erika and ordered that she be placed in out of home care.
Because the facts Francisco alleged in his section 388 petition would not have sustained a favorable decision on the modification petition, Francisco was not entitled to an evidentiary hearing. (In re Zachary G., supra, 77 Cal.App.4th at p. 808; In re Jamika W. (1997) 54 Cal.App.4th 1446, 1450-1451.) The order is affirmed.
Comments on In re Erika S.