In re Ma.M. CA2/6

Filed 9/18/24 In re Ma.M. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re Ma.M. et al., Persons 2d Juv. No. B338284 Coming Under the Juvenile Cons. w/B338287 Court Law. (Super. Ct. Nos. 22JV00200, _____________________________ 22JV00201) (Santa Barbara County) M.H. et al.,

Petitioners,

v.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA,

Respondent,

SANTA BARBARA COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

Five months after the juvenile court terminated parental rights over Ma.M. (born in January 2020) and Mi.M. (born in February 2022) (the children), M.H. (paternal grandmother) and C.O. (paternal aunt) (petitioners) separately petitioned the juvenile court to modify the dependency orders under Welfare and Institution Code section 3881, seeking to remove the children from their non-related prospective adoptive parents and place the children with them. The juvenile court denied both petitions without an evidentiary hearing, finding neither petitioner made a prima facie showing of new evidence or change of circumstances, or how the requested order would serve the children’s best interests. Petitioners now seek extraordinary writ relief (Cal. Rules of Court, rule 8.4562; §§ 366.26, subd. (l), 366.28, subd. (b)(1)), asserting the juvenile court erred in violation of their constitutional due process rights and they are entitled to evidentiary hearings. They also seek a stay in the trial court proceedings pending this court’s decision on the writ. We conclude there was no error. We denied the request for a stay of the proceedings in a separate order. We will deny the writ petitions. FACTUAL AND PROCEDURAL BACKGROUND3 This case has been ongoing since July 2022 when the juvenile court found true allegations of child abuse and ordered