Debra B. v. Superior Court
Debra B. (mother) is the mother of Diana B., who was taken into protective custody at three years of age. Mother challenges an order of the juvenile court (1) denying her petition, without a hearing, under Welfare and Institutions Code section 388, to change an earlier court order which denied reunification services to mother and removed Diana from her care and custody, and (2) decreasing mothers visitation with Diana, pending a permanency hearing. (All further statutory references are to the Welfare and Institutions Code.) Court conclude the juvenile court did not abuse its discretion in making the order. Mother failed to make a prima facie showing of new evidence or changed circumstances, and that the proposed order would be in Dianas best interests; under section 388, the juvenile court properly denied the petition without an evidentiary hearing. The decrease in mothers visitation was well within the courts discretion. We therefore deny mothers petition for a writ of mandate.
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