California Court of Appeal

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In re A.S., D054951

Court of appeals' orders terminating a father's parental rights to his children and summarily denying his petition for modification under Welfare and Inst. Code section 388 is affirmed where: 1) the court did not abuse its discretion when it denied his request for an evidentiary hearing on his section 388 petition for modification as he did not state he was currently unable to provide the children a stable, safe, permanent placement; 2) it did not violate the father's due process rights when it terminated his parental rights without making an initial finding that his acts or omissions brought his children within any of the descriptions set forth in section 300; 3) a biological father has no right to an express finding of unfitness or detriment before the court may terminate his parental rights; and 4) as required under section 366.26(c)(1), the court made an adequate, previous detriment finding as to the father.

Appellate Information

  • Decided 12/17/2009
  • Published 12/17/2009


  • HUFFMAN, Acting P.J.


  • California Court of Appeal


  • For Appellant:
  • Julie E. Braden, San Diego, under appointment by the Court of Appeal, for Minors.

  • For Appellees:
  • Patti L. Dikes, under appointment by the Court of Appeal, for Defendant and Appellant., John J. Sansone, County Counsel, John E. Philips, Chief Deputy County Counsel, and Lisa M. Maldonado, Deputy County Counsel, for Plaintiff and Respondent.
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