In re D.V.
Fifteen-month-old D.V. was injured while in the care of her mother’s boyfriend, sustaining a spiral fracture to her left humerus among other injuries. The juvenile court declared D.V. to be a dependent child, offering services to the noncustodial alleged father, but denying services to mother due to the allegation of severe physical abuse. After father’s services were terminated at the six-month review hearing, a hearing pursuant to Welfare and Institutions Code,[1] section 366.26 was set. At approximately this point in time, the mother’s aunt (maternal great-aunt) learned of the proceedings and came forward seeking relative placement. She visited the minor, forging a relationship with the child, and her home was evaluated. However, the minor was also bonded to the foster parents, who wished to adopt. The maternal great-aunt made a request to change a court order (JV-180; § 388), seeking placement of the minor, but the request was denied based on the court’s determination that it would be detrimental to move her from her current foster home placement. The maternal great-aunt appealed.
On appeal, the maternal great-aunt asserts (1) the trial court erred in refusing to hear evidence showing that the foster parents had committed perjury in their application for standing as de facto parents, and (2) the court abused its discretion in denying the section 388 petition. We affirm.
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