In re Jasmin M. CA1/2
Clarence R. and Erica C. (collectively, the de facto parents) are former foster parents and de facto parents of two-year-old Jasmin M. Clarence R. appeals from the juvenile court’s order denying his petition for modification (Welf. & Inst. Code, § 388), in which he had requested return of Jasmin to his care. Although his briefing on appeal is somewhat unclear, it appears he essentially contends that his and Erica C.’s constitutional rights were violated when the juvenile court removed Jasmin from their care without a hearing and, in addition, that the juvenile court abused its discretion when it denied his section 388 petition without a hearing. We conclude (1) the de facto parents have waived the right to challenge Jasmin’s removal by failing to appeal the March 2016 removal order, and (2) the court did not abuse its discretion when it denied Clarence R.’s section 388 petition without a hearing. We shall therefore affirm the juvenile court’s order.
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