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Tuesday, April 12, 2011

In re A.H., a Person Coming Under the Juvenile Court Law.

In re A.H., a Person Coming Under the Juvenile Court Law.

A.H. was taken into protective custody by the Orange County Social Services Agency (SSA) at six years of age. Ultimately, the juvenile court entered an order setting long-term foster care as A.H.'s permanent plan. A.H.'s mother, S.S. (mother), filed a petition pursuant to Welfare and Institutions Code section 388, asking the juvenile court to change the long-term foster care order and return A.H. to mother's custody and care. (All further statutory references are to the Welfare and Institutions Code.) The juvenile court summarily denied the section 388 petition without prejudice, and mother appeals.

Mother's section 388 petition does not make a prima facie showing of changed, rather than changing, circumstances. Mother's daily telephone calls to A.H., and mother's plan to begin counseling more than two and one-half years after A.H.'s dependency proceeding began are not changed circumstances. The juvenile court did not err in denying the section 388 petition without a hearing. We therefore affirm.

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